Eb-3 VS H2B

Thread Tools
 
Old Nov 23rd 2014, 4:39 pm
  #1  
Forum Regular
Thread Starter
 
Joined: Aug 2011
Posts: 173
Ricky_85 is an unknown quantity at this point
Default Eb-3 VS H2B

Hello everyone,

beside the waiting time/backlog for the EB3 unskilled workers visa (btw how long is it generally?) what's the difference between that and the H2B visa?

If someobody wants to work in the hospitality business or in other types of jobs, would both visas be appropriate?

Furthermore, I really don't understand how is the EB family visa a path to green card?

Thanks!
Ricky_85 is offline  
Old Nov 23rd 2014, 4:59 pm
  #2  
Account Closed
 
Joined: Mar 2004
Posts: 2
scrubbedexpat099 is an unknown quantity at this point
Default Re: Eb-3 VS H2B

EB catgory gets you a Green Card

H2b is a seasonal work visa.

Both require an Employer to petition for you.

You can keep track of EB timelines on the Visa Bulletin. They go up and go down.
scrubbedexpat099 is offline  
Old Nov 23rd 2014, 5:02 pm
  #3  
Account Closed
 
Joined: Aug 2002
Location: Kentucky
Posts: 38,865
ian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond repute
Default Re: Eb-3 VS H2B

Originally Posted by Ricky_85
... what's the difference between that and the H2B visa?
The EB-3 visa is an immigrant visa; the H-2B visa is a non-immigrant visa.


If someobody wants to work in the hospitality business or in other types of jobs, would both visas be appropriate?
No.


I really don't understand how is the EB family visa a path to green card?
The EB-3 visa is an immigrant visa.

Ian
ian-mstm is offline  
Old Nov 23rd 2014, 5:02 pm
  #4  
Forum Regular
Thread Starter
 
Joined: Aug 2011
Posts: 173
Ricky_85 is an unknown quantity at this point
Default Re: Eb-3 VS H2B

Yes thanks. The waiting times are dismal. 2 years. Wondering which employer is gonna wait that much. But once you get the Eb-3 you receive the Green Card after some years, automatically?
Ricky_85 is offline  
Old Nov 23rd 2014, 5:03 pm
  #5  
Account Closed
 
Joined: Aug 2002
Location: Kentucky
Posts: 38,865
ian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond repute
Default Re: Eb-3 VS H2B

Originally Posted by Ricky_85
Wondering which employer is gonna wait that much.
The one who can't find anyone local to fill a permanent position.


But once you get the Eb-3 you receive the Green Card after some years, automatically?
No... you get a GC immediately when entering the US - because it's an immigrant visa.

Ian
ian-mstm is offline  
Old Nov 23rd 2014, 7:56 pm
  #6  
Account Closed
 
Joined: Mar 2004
Posts: 2
scrubbedexpat099 is an unknown quantity at this point
Default Re: Eb-3 VS H2B

Not long ago it was 6 years.
scrubbedexpat099 is offline  
Old Nov 23rd 2014, 7:59 pm
  #7  
Account Closed
 
Joined: Oct 2014
Posts: 366
johnnybrown532 has a reputation beyond reputejohnnybrown532 has a reputation beyond reputejohnnybrown532 has a reputation beyond reputejohnnybrown532 has a reputation beyond reputejohnnybrown532 has a reputation beyond reputejohnnybrown532 has a reputation beyond reputejohnnybrown532 has a reputation beyond reputejohnnybrown532 has a reputation beyond reputejohnnybrown532 has a reputation beyond reputejohnnybrown532 has a reputation beyond reputejohnnybrown532 has a reputation beyond repute
Default Re: Eb-3 VS H2B

Originally Posted by Ricky_85
Yes thanks. The waiting times are dismal. 2 years. Wondering which employer is gonna wait that much. But once you get the Eb-3 you receive the Green Card after some years, automatically?
That is why a lot of employers go the h1b route first to get you working for them while they file the EB3 and that application works it's way through the system as you work for the company on the h1b.
johnnybrown532 is offline  
Old Nov 24th 2014, 6:41 pm
  #8  
Forum Regular
Thread Starter
 
Joined: Aug 2011
Posts: 173
Ricky_85 is an unknown quantity at this point
Default Re: Eb-3 VS H2B

thanks!
Ricky_85 is offline  
Old Nov 24th 2014, 7:02 pm
  #9  
BE Commentator
 
S Folinsky's Avatar
 
Joined: Feb 2010
Location: Los Angeles, California
Posts: 8,430
S Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond repute
Default Re: Eb-3 VS H2B

The "H-2b" non-immigrant classification is inherently incompatible with EB-3. Contrary to first impression, "non-immigrant" is generally not entirely incompatible with a pending "immigrant" petition, but the H-2b is an exception.

In order to qualify for EB-3, there has to be an offer of a permanent job. There is a concept of "dual intent" [something else generally misunderstood, but I digress]. The concept of dual intent was that one could desire to have a job temporarily with the hope that it will become permanent. In contrast, the H-2b must only be a temporary job, but it must be temporary by its very nature [aka "double temporary"]. The classic examples are ski instructors and many agricultural jobs.
S Folinsky is offline  
Old Nov 24th 2014, 7:31 pm
  #10  
Forum Regular
Thread Starter
 
Joined: Aug 2011
Posts: 173
Ricky_85 is an unknown quantity at this point
Default Re: Eb-3 VS H2B

Originally Posted by S Folinsky
The "H-2b" non-immigrant classification is inherently incompatible with EB-3. Contrary to first impression, "non-immigrant" is generally not entirely incompatible with a pending "immigrant" petition, but the H-2b is an exception.

In order to qualify for EB-3, there has to be an offer of a permanent job. There is a concept of "dual intent" [something else generally misunderstood, but I digress]. The concept of dual intent was that one could desire to have a job temporarily with the hope that it will become permanent. In contrast, the H-2b must only be a temporary job, but it must be temporary by its very nature [aka "double temporary"]. The classic examples are ski instructors and many agricultural jobs.


Yes understood... but i think h2b is not for agricoltural jobs, that visa being h2a...

h2b should be like h1b, but less "fancy"
Ricky_85 is offline  
Old Nov 24th 2014, 10:48 pm
  #11  
Account Closed
 
Joined: Aug 2002
Location: Kentucky
Posts: 38,865
ian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond repute
Default Re: Eb-3 VS H2B

Originally Posted by Ricky_85
... i think h2b is not for agricoltural jobs, that visa being h2a...
Umm... I'm pretty sure he was describing the nature of a "temporary job"... not the visa.

Ian
ian-mstm is offline  
Old Nov 24th 2014, 11:00 pm
  #12  
BE Commentator
 
S Folinsky's Avatar
 
Joined: Feb 2010
Location: Los Angeles, California
Posts: 8,430
S Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond reputeS Folinsky has a reputation beyond repute
Default Re: Eb-3 VS H2B

Originally Posted by ian-mstm
Umm... I'm pretty sure he was describing the nature of a "temporary job"... not the visa.

Ian
I was. A long time ago there used to be the naked "H-2" classification. The procedural process is now a tad different between the two categories.
S Folinsky is offline  
Old Nov 25th 2014, 11:57 am
  #13  
Forum Regular
Thread Starter
 
Joined: Aug 2011
Posts: 173
Ricky_85 is an unknown quantity at this point
Default Re: Eb-3 VS H2B

And we should not forget that besides all the troubles about choosing the right visa, if someone gets denied, s/he will have problems with his/her vwp... That's a rather important psychologial barrier (the vwp)
Ricky_85 is offline  

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off



Contact Us - Archive - Advertising - Cookie Policy - Privacy Statement - Terms of Service -

Copyright © 2024 MH Sub I, LLC dba Internet Brands. All rights reserved. Use of this site indicates your consent to the Terms of Use.