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The EB-3 visa is one of the most popular options in the U.S. immigration system for people who want to work and live permanently in the United States. This visa is designed for skilled workers, professionals, and other workers, making it a more accessible path to permanent residency (Green Card) through employment.
In this article, you’ll learn everything you need to know about the EB-3 visa, the requirements, the application process, and answers to the most frequently asked questions.
The EB-3 visa falls under the employment-based preference categories regulated by the U.S. Department of Labor (DOL). It is one of five employment-based visa categories and is divided into three main subcategories:
Skilled Workers:
• Individuals whose jobs require at least two years of experience or specialized training.
• The job must be one for which there are not enough qualified U.S. workers.
Professionals:
• Applicants with at least a U.S. bachelor’s degree or its foreign equivalent.
• The position requires a university degree at the minimum.
Other Workers (Unskilled Workers):
• Individuals performing jobs that require less than two years of experience or training. These jobs may include roles in cleaning, construction, or manufacturing.
• For the applicant:
1. Valid job offers: You must have a U.S. employer willing to sponsor your visa with a formal job offer.
2. Labor Certification (PERM): Your employer must obtain certification from the Department of Labor showing that no qualified U.S. workers are available for the position.
3. Meet the subcategory requirements:
• Skilled workers: Provide proof of experience or training.
• Professionals: Submit academic credentials.
• Other workers: Demonstrate ability and willingness to perform the job.
• For the employer:
1. Recruitment efforts: Must show they tried to fill the job with U.S. workers before turning to foreign candidates.
2. Financial ability: They must prove they can pay the wage in the job offer.
• Step-by-Step Application Process
1. Labor Certification (PERM): The employer files a request with the Department of Labor to show no available qualified U.S. workers.
2. File Form I-140: Once PERM is approved, the employer submits Form I-140 (Immigrant Petition for Alien Worker) with USCIS.
3. Wait for visa availability: EB-3 visas are subject to annual limits by country. Applicants must wait for their visa number to become current based on the monthly Visa Bulletin.
4. Adjustment of Status or Consular Processing:
• If you are legally in the U.S., you can apply for a Green Card through Form I-485.
• If you are outside the U.S., you must process your visa at a U.S. consulate in your home country.
Pros:
• Permanent residency: Offers a direct path to a Green Card.
• Family included: Spouses and children under 21 may also qualify for permanent residency.
• Broad eligibility: Open to both skilled and unskilled workers.
Cons:
• Waiting times: Applicants from high-demand countries like India or China may face long delays.
• Employer dependency: The process depends heavily on having a committed sponsor.
How long does the EB-3 visa process take?
It depends on the subcategory, PERM processing, and visa availability. It takes 1 to 2 years on average, but it could be longer for high-demand countries.
Can I change employers after receiving my Green Card?
Yes, but staying with the sponsoring employer for at least 6 months is generally recommended to avoid issues with USCIS.
Can I apply for an EB-3 visa from outside the U.S.?
Yes, you can go through consular processing in your home country.
What if my employer withdraws the job offer during the process?
Your case will be cancelled unless you find a new employer willing to sponsor you and restart the process.
The EB-3 visa is an excellent opportunity for those looking to build a life in the United States through employment. However, success depends on meeting all the requirements and having a committed employer. At Oasis Legal Group, our immigration attorneys are ready to guide you every step of the way and help you find the best strategy to reach your goals.
