The October Visa Bulletin brings positive updates for Employment-Based Category 3 (EB-3) green card applicants. According to the latest bulletin, applicants who filed labor certification before March 1, 2023, can now submit their green card application (I-485) along with the I-140 application in October. If they have already submitted their I-140 application, they can send their green card application (I-485) in October.
The USCIS has accepted this new filing date, which marks a significant change from the previous practice of using the final action date of the Visa Bulletin for filing the I-485 application until September. This adjustment provides more relief to applicants. In September, only those who filed labor certification before December 1, 2020, could submit their green card applications (I-485). For October, this date has advanced by 2 years and 4 months, allowing more applicants to proceed with their applications.
The Visa Bulletin also brings good news for those awaiting a visa interview outside the US. For Employment-Based EB-3 green cards, applicants who filed labor certification before November 15, 2022, and are waiting outside the US can expect a visa interview in October. For unskilled workers in the EB-3 category, the date is December 1, 2020. Unskilled workers within the US who filed labor certification before May 22, 2021, can also submit their green card application (I-485) in October.
To qualify for this category of green card, skilled workers must have a job offer requiring at least 2 years of training or experience, which is not of a temporary or seasonal nature. Relevant post-secondary education may count as training. For professionals, the job must require at least a US bachelor’s degree or a foreign equivalent, and the person must be a member of the specified profession. For unskilled workers, the job offer should not require experience or should require less than 2 years of experience, with jobs such as dishwashing being eligible.
The application process requires the US employer to offer employment and demonstrate the financial capability to pay the government-set salary for the job. Employers must also advertise the job to prove that no qualified US workers are available and cannot charge the worker any fees for employment or green card processing. The application must be filed by the employer, not the employee. Once approved, the spouse and unmarried children under 21 can also come to the US on an immigrant visa or green card.
For more details, visit the USCIS website or consult a licensed legal practitioner.
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Kishor Panthi
View More PostsKishor Panthi is the founder and editor-in-chief of Khasokhas and NepYork. He is the author of three books, “Kampan,” "UNTRANSLATABLE" and “Zero Mile.” He writes about social issues, immigration, and politics.
