EB-3 visa

  1. Home
  2. »
  3. Practice Areas
  4. »
  5. Employment-Based Visas
  6. »
  7. Immigrant Visas
  8. »
  9. EB-3 visa

The EB-3 visa is an employment-based immigrant visa category in the United States intended for skilled workers, professionals, and other workers. It is divided into three subcategories:

  1. Skilled Workers:
    • This subcategory is for individuals whose jobs require at least two years of education, training or experience. The applicant must have at least two years of job experience or training to qualify. A labor certification is required, and the employer must demonstrate that there are no qualified U.S. workers available for the position.
  2. Professionals:
    • This subcategory is for individuals whose jobs require at least a U.S. bachelor’s degree or a foreign equivalent. The job must normally require a bachelor’s degree, and the applicant must possess such a degree. A labor certification is also required for this category, and the employer must demonstrate that there are no qualified U.S. workers available for the position.
  3. Other Workers:
    • This subcategory is for individuals who perform unskilled labor requiring less than two years of training or experience, not of a temporary or seasonal nature. Like the other subcategories, a labor certification is required, and the employer must demonstrate that there are no qualified U.S. workers available for the position.

Key Requirements and Process:

  1. Labor Certification:
    • The employer must obtain a labor certification from the U.S. Department of Labor (DOL). This involves a process called the Program Electronic Review Management (PERM) process, where the employer must prove that there are no qualified, willing, and available U.S. workers for the position and that hiring a foreign worker will not adversely affect the wages and working conditions of U.S. workers.
  2. Form I-140:
    • The employer must file Form I-140, Petition for Alien Worker, with U.S. Citizenship and Immigration Services (USCIS). This form demonstrates that the applicant meets the requirements for the EB-3 category.
  3. Adjustment of Status or Consular Processing:
    • After the I-140 petition is approved, and if the Beneficiary’s Priority Date is current, and they are in the U.S., they can file for Adjustment of Status (Form I-485) to become a lawful permanent resident. If they are outside the U.S., they must go through consular processing to obtain an immigrant visa.

Benefits of the EB-3 Visa:

  • Provides a pathway to permanent residency (green card) for the applicant and their immediate family members (spouse and unmarried children under 21).
  • Allows a wider range of job categories compared to the EB-1 and EB-2 visas, including skilled and unskilled labor positions.

Typical Candidates for EB-3 Visa:

  • Skilled workers with at least two years of job experience or training.
  • Professionals with at least a U.S. bachelor’s degree or its foreign equivalent.
  • Unskilled workers in positions that require less than two years of training or experience.

The EB-3 visa is an attractive option for employers seeking to hire foreign nationals in a variety of skilled and unskilled positions, and it provides a valuable pathway to permanent residency for many workers.

CONTACT US