EB-3 Visa

The EB-3 visa is an employment-based, third-preference immigrant visa for individuals who have a permanent job offer in the United States. It is available to skilled workers, professionals, and other workers, offering a pathway to U.S. permanent residency (green card).

Eligibility Categories

1. Skilled Workers

  • Applicants must have at least two years of job experience, training, or education that meets the job requirements specified by the employer.
  • The position cannot be temporary or seasonal.

2. Professionals

  • Requires at least a U.S. bachelor’s degree or a foreign equivalent.
  • The degree must be the standard requirement for the job.
  • Applicants cannot substitute work experience or training for the degree.

3. Other Workers

  • For unskilled labor that requires less than two years of training or experience.
  • The position must not be temporary or seasonal.
  • This subcategory has a longer wait time due to demand.

Application Process

The EB-3 visa process involves several steps, typically requiring an employer sponsor:

Step 1: Labor Certification (PERM)

  • The U.S. employer must obtain a labor certification through the Department of Labor (DOL) to demonstrate:
    • No qualified U.S. workers are available to fill the position.
    • Hiring a foreign worker will not adversely affect U.S. workers.
  • The employer files Form ETA-9089 with the DOL.
  • Labor certification is mandatory for all EB-3 categories.

Step 2: File Form I-140 (Immigrant Petition for Alien Worker)

  • The employer files Form I-140 with the U.S. Citizenship and Immigration Services (USCIS) to classify the foreign worker under the EB-3 category.
  • Include supporting evidence, such as:
    • Proof of the job offer.
    • Labor certification approval.
    • Documentation of the applicant’s qualifications (e.g., degrees, certifications, experience).
  • Pay the filing fee ($700 as of 2024).

Step 3: Adjustment of Status or Consular Processing

Once the I-140 petition is approved and a visa number is available (check the Visa Bulletin):

  • If inside the U.S.:

    • File Form I-485 (Application to Adjust Status) to transition to permanent residency.
    • Include medical exams (Form I-693) and biometric data.
    • Pay the adjustment of status filing fees (approximately $1,225 for most applicants).

  • If outside the U.S.:

    • Complete Form DS-260 (Immigrant Visa Application) through the National Visa Center (NVC).
    • Attend an interview at the designated U.S. embassy or consulate.
    • Pay the visa processing fee ($325 as of 2024).

Family Members

  • Spouses and unmarried children under 21 can apply for derivative visas:
    • Spouses: E34 (skilled/professional) or EW4 (other workers).
    • Children: E35 (skilled/professional) or EW5 (other workers).
  • Spouses are eligible for work authorization (EAD).

Benefits of EB-3 Visa

  • Permanent residency for the worker and eligible family members.
  • No extraordinary ability or advanced degree required.
  • Covers a broad range of job types, including skilled and unskilled labor.