1. What is the EB-3 Visa?
The EB-3 visa is a U.S. employment-based immigrant visa in the third preference category, allowing foreign nationals to gain permanent residency (Green Card) through employment. The EB-3 visa is open to three main groups:
- Skilled Workers: Jobs requiring at least two years of experience or training.
- Professionals: Jobs requiring at least a bachelor’s degree.
- Unskilled Workers (Other Workers): Jobs requiring less than two years of training or experience, typically in high-demand fields.
2. Eligibility Requirements for the EB-3 Visa
The EB-3 visa requirements depend on the specific subcategory:
2.1 Skilled Workers
- Minimum Experience: At least two years of job experience or training in a skilled position.
- Job Offer: A full-time job offer from a U.S. employer, with a permanent position in a role requiring skilled labor.
- Labor Certification (PERM): The employer must obtain PERM Labor Certification from the Department of Labor (DOL) to show there are no qualified U.S. workers available.
2.2 Professionals
- Minimum Education: A bachelor’s degree (or foreign equivalent) in the specific field required for the job.
- Job Offer: Full-time, permanent job offer from a U.S. employer in a field requiring professional expertise.
- Labor Certification (PERM): Similar to skilled workers, the employer must get a PERM certification.
2.3 Unskilled Workers (Other Workers)
- Minimum Training: Jobs requiring less than two years of training or experience; includes entry-level or high-demand roles.
- Job Offer: A full-time, permanent position in an eligible unskilled occupation.
- Labor Certification (PERM): The employer must certify that hiring a foreign worker will not adversely affect the job market for U.S. citizens.
3. Required Documents for the EB-3 Visa Application
Both the applicant and employer must submit specific documents to prove eligibility. Commonly required documents include:
- Valid Passport: Must be valid for the duration of the intended stay.
- Job Offer Letter: Official offer from the U.S. employer.
- PERM Labor Certification: Proof of Department of Labor certification.
- Form I-140, Immigrant Petition for Alien Worker: Filed by the employer on behalf of the employee.
- Evidence of Education and Experience: Degrees, certifications, or work experience letters confirming qualifications.
- Medical Examination and Vaccination Record: Required for final adjustment of status or consular processing.
- Proof of Financial Stability: To show that the applicant will not become a public charge in the U.S.
4. Application Process for the EB-3 Visa
Step 1: Obtain PERM Labor Certification (Employer’s Responsibility)
The employer must obtain PERM Labor Certification through the Department of Labor, proving that hiring a foreign worker won’t negatively impact U.S. workers and that the offered wage meets industry standards.
Step 2: File Form I-140 (Immigrant Petition for Alien Worker)
Once the PERM certification is approved, the U.S. employer files Form I-140 on behalf of the applicant. This petition is submitted to U.S. Citizenship and Immigration Services (USCIS) and requires proof of the applicant’s qualifications, job offer, and ability to meet the wage requirements.
Step 3: Wait for Priority Date and Visa Availability
The EB-3 visa has annual quotas, and applicants from countries with high demand (e.g., India, China) may experience wait times. Visa Bulletin updates are published monthly to show priority date progress.
Step 4: Apply for Adjustment of Status (AOS) or Consular Processing
- If in the U.S.: File Form I-485, Application to Register Permanent Residence or Adjust Status with USCIS.
- If Outside the U.S.: Complete Consular Processing at a U.S. embassy or consulate in your home country.
Step 5: Attend Interview and Receive Visa
Attend an interview at either the local USCIS office or U.S. embassy. If approved, the applicant receives a visa or adjustment of status, allowing them to enter the U.S. as a permanent resident.
5. Processing Times for the EB-3 Visa
The EB-3 visa processing time can range from 1–3 years or more, depending on the applicant’s country of origin and current visa demand.
- PERM Labor Certification: 6–12 months.
- I-140 Petition Processing: 6–12 months (premium processing can reduce this to 15 days for an additional fee).
- Adjustment of Status or Consular Processing: 6–12 months.
Note: Backlogs can increase wait times for applicants from countries with high demand.
6. Costs and Fees for the EB-3 Visa
The following fees apply for the EB-3 visa process:
| Expense | Estimated Cost (USD) |
|---|---|
| PERM Labor Certification | No fee |
| Form I-140 Filing Fee | $700 |
| Form I-485 (AOS) Fee | $1,140 |
| Biometrics Fee | $85 |
| Consular Processing Fee | $325 |
| Medical Examination | Varies by provider |
Premium processing for Form I-140 is available for an additional $2,500, reducing processing to 15 days.
7. Benefits of the EB-3 Visa
- Permanent Residency: The EB-3 visa provides a pathway to U.S. permanent residency, with the same rights and responsibilities as other Green Card holders.
- Family Eligibility: The applicant’s spouse and unmarried children under 21 can obtain derivative visas and apply for permanent residency.
- Job Flexibility: After obtaining the Green Card, applicants have the flexibility to change employers.
8. Frequently Asked Questions
- What is the minimum education level required for the EB-3 visa?
Skilled workers and professionals must have at least two years of experience or a bachelor’s degree, respectively. Unskilled workers do not need formal qualifications. - Can I change employers after my I-140 is approved?
Yes, under certain conditions. If you switch jobs, the new employer must reapply, or you may need to reapply under a new EB-3 category. - How long does the EB-3 visa process take?
Processing can take 1–3 years, depending on the applicant’s priority date and country of origin. - Can I apply for premium processing for the EB-3 visa?
Yes, premium processing is available for the I-140 petition, reducing processing time to 15 days for an additional fee. - What if my EB-3 visa application is denied?
Denied applications may qualify for an appeal or a Motion to Reopen or Reconsider, depending on the circumstances.
9. Conclusion
The EB-3 visa provides an accessible pathway to U.S. permanent residency for skilled, professional, and unskilled workers. By meeting eligibility criteria, understanding the application process, and preparing the necessary documents, foreign nationals can pursue career and residency opportunities in the U.S. The EB-3 visa offers the security of a Green Card, family inclusion, and access to long-term work and residency benefits in the United States.