¿Cómo obtener un visado EB-3? O ¿Qué es un visado EB-3?

Santos Lloyd Law Team • October 13, 2023

Click here to read this article in English

     Hay varios tipos de visados que le permiten venir a Estados Unidos y trabajar. Los visados basados en el empleo le darán la oportunidad de vivir y trabajar en los EE.UU. Su educación, habilidades y experiencia son algunas de las cosas que se utilizan para determinar quién es elegible para un visado basado en el empleo. Un visado "EB" para el que muchas personas cumplen los requisitos es el visado EB-3.  

     El visado EB-3 es un visado basado en el empleo que le dará la Green Card, por lo tanto, la capacidad de vivir y trabajar en los Estados Unidos de forma permanente. Hay tres categorías distintas de EB-3, todas ellas necesitan pasar por el proceso de certificación laboral, y se requiere una oferta de trabajo permanente y a tiempo completo. Las tres categorías son:

     EB-3 Trabajador cualificado - Debe demostrar que tiene al menos dos años de experiencia laboral o formación y que realiza un trabajo para el que no hay trabajadores cualificados disponibles en EE.UU.  

     EB-3 Profesional - Debe demostrar que tiene una licenciatura estadounidense o un título equivalente en el campo de trabajo y debe realizar un trabajo para el que no haya trabajadores cualificados disponibles en EE.UU.

     EB-3 Trabajador no cualificado - Debe demostrar que es capaz de realizar un trabajo no cualificado que no sea temporal (o estacional), para el que no haya trabajadores cualificados disponibles en EE.UU. 

     Como se ha indicado, usted necesitará una oferta de trabajo a tiempo completo, y su empleador tendrá que obtener un PERM/Certificación Laboral del Departamento de Trabajo de EE.UU. Tras obtener la aprobación en este primer paso, que suele llevar alrededor de un año, el empleador debe presentar el formulario I-140 ante USCIS, lo que lleva, en promedio, seis meses. 

     Finalmente, cuando USCIS aprueba el I-140, usted, el extranjero, puede solicitar un visado de inmigrante o un ajuste de estatus y obtener su Green Card, lo que le llevará otros seis meses, totalizando una media de dos años para la finalización de un proceso EB-3.

     Si tiene alguna pregunta, por favor programe una consulta con uno de nuestros abogados expertos, y estaremos encantados de ayudarle.

Este blog no pretende ser asesoramiento jurídico y nada de lo aquí expuesto debe interpretarse como el establecimiento de una relación abogado-cliente. Por favor, programe una consulta con un abogado de inmigración antes de actuar sobre cualquier información leída aquí.

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