Need a Green Card for Your Nanny? Good News!

Mar 16, 2015 | EB-3 Visa

If you have a nanny who is interested in getting a green card, good news may be in store for you.

As a Miami immigration lawyer, I have had to break the news that the waiting periods for nanny cases simply made the cases the unrealistic. Currently, however, the processing times for such cases have drastically decreased. To obtain a green card for your nanny, you must apply for the an EB-3 visa. Below are some frequently asked questions about the EB-3 Visa.

What is the EB-3 visa?
The EB-3 visa is the third preference category of U.S. green cards available through employment. This category includes the following:

  • professional workers
  • skilled workers
  • unskilled workers.

If you have a nanny, and you are applying for an EB-3 visa on her behalf, note that most nannies usually fit into the EB-3 subcategory of unskilled workers.  If you have any questions as to which category your employee fits into, I would highly encourage you to speak with a Miami immigration attorney.

What is required of an applicant to apply for an EB-3 visa?
To apply for an EB-3 visa, an applicant will need to demonstrate the following:

  • A permanent, full-time job offer from a U.S. employer.
  • Labor certification – The employer and his/her Miami immigration lawyer will need to obtain an approved labor certification from the U.S. Department of Labor. The labor certification confirms that the  employer attempted to recruit U.S. workers for the job, but found none who were willing and qualified.

Is approval for an EB-3 visa difficult?
Historically, getting an EB-3 visa was lot more difficult. There are limited numbers of EB-3 green cards available each year. Only 40,000 EB-3 visas are allotted in total, of which 10,000 are allotted to unskilled workers (i.e. nannies). The result is that  unskilled workers  often have to wait much longer for green cards than workers in the two other subcategories. This  wait can sometimes become as long as ten years or more.

What is the “good news?” 
Recently,  the U.S. Department of State released its April 2015 visa bulletin. In this recent visa bulletin, the priority date for the unskilled worker category shows priority dates current for petitions filed in October 10, 2014. This means – the  wait time for an EB-3 unskilled visa is just under 2 years.  This is a tremendous reduction in amount of wait time for an EB-3 visa approval.

If you would like more information on the EB-3 visa, please contact Miami immigration attorney The Law Office of Tatiane M. Silva, P.A., Esq. at (305)895-2500 or visit our website at tmsilvalaw.com .