EB-3 Visa: Employment-Based Green Cards for Skilled Workers, Professionals, and Other Workers

The EB-3 visa is a third-preference employment-based immigrant visa category designed for individuals seeking permanent residency in the United States through employment. It is ideal for skilled workers, professionals, and certain unskilled workers who meet specific job requirements and are sponsored by a U.S. employer.

What Is the EB-3 Visa?

The EB-3 visa allows U.S. employers to hire foreign nationals for permanent positions when there are no qualified U.S. workers available. It has three subcategories:

Skilled Workers: Jobs requiring at least 2 years of training or experience.
Professionals: Jobs requiring at least a bachelor’s degree or its foreign equivalent.
Other Workers: Jobs requiring less than 2 years of training or experience (e.g., laborers, service workers).

Benefits of the EB-3 Visa

Path to Permanent Residency:
- Provides a direct pathway to a green card for the applicant and their family.
Diverse Opportunities:
- Covers a broad range of occupations, from IT professionals to construction workers.
Family Benefits:
- Spouses and children under 21 can also apply for green cards as dependents.
No Extraordinary Qualifications Needed:
- Unlike EB-1 or EB-2, applicants do not need advanced degrees or exceptional abilities.

Who Qualifies for the EB-3 Visa?

1. Skilled Workers

Eligibility:
- The job must require at least 2 years of training or experience.
- Applicants must provide evidence of meeting these requirements (e.g., employment letters, certifications, or licenses).
Examples: Mechanics, chefs, healthcare technicians.

2. Professionals

Eligibility:
- The job must require at least a bachelor’s degree (or foreign equivalent).
- The degree must be directly related to the job.
Examples: Accountants, engineers, teachers.

3. Other Workers

Eligibility:
- Jobs requiring less than 2 years of training or experience.
- These positions often involve unskilled labor or entry-level roles.
Examples: Farmworkers, janitors, construction laborers.

Step-by-Step EB-3 Visa Process

Step 1: Labor Certification (PERM Process)

The employer must demonstrate to the Department of Labor (DOL) that no qualified U.S. workers are available for the position.

Job Advertisement:
- The employer must advertise the position in multiple channels (newspapers, job boards) to ensure U.S. workers have an opportunity to apply.
Filing Form ETA-9089:
- The employer submits the PERM application to the DOL, documenting recruitment efforts and the lack of qualified U.S. applicants.
Approval:
- Upon approval, the DOL certifies the employer to hire a foreign worker for the position.

Processing Time:

6–12 months, plus potential delays if audited.

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

The employer files Form I-140 with USCIS to petition for the foreign worker under the EB-3 category.

Required Documents:
1. Approved PERM labor certification.
2. Evidence of the employee’s qualifications (e.g., degree, training certificates, employment history).
3. Proof of the employer’s financial ability to pay the offered wage (e.g., tax returns, financial statements).

Processing Time:

Regular Processing: 6–9 months.
Premium Processing: 15 calendar days (optional for an additional fee)

Step 3: Adjustment of Status (Form I-485) or Consular Processing

Once the I-140 petition is approved, the applicant can proceed with obtaining permanent residency.

If in the U.S.:
- File Form I-485 (Application to Adjust Status) to become a lawful permanent resident.
- Concurrent Filing: If the visa category is current, Form I-140 and Form I-485 can be filed simultaneously.
If Outside the U.S.:
- Complete consular processing through the National Visa Center (NVC).
- Attend an interview at a U.S. embassy or consulate.

Documentation Checklist

For PERM Process:

Job description and requirements.
Evidence of recruitment efforts (ads, job postings).
Proof of compliance with prevailing wage standards.

For Form I-140:

PERM labor certification.
Evidence of employee qualifications (degrees, work experience, certifications).
Employer’s financial ability to pay the offered wage.

For Adjustment of Status or Consular Processing:

Valid passport.
Birth certificate.
Medical examination results (Form I-693).
Police clearance certificates (if applying abroad).
Employment offer letter.

Processing Times

PERM Labor Certification: 6–12 months (longer if audited).
Form I-140: 6–9 months (15 days with premium processing).
Adjustment of Status or Consular Processing: 8–14 months.

Common Challenges and Solutions

1. PERM Denial or Delays

Challenge: The labor certification process can be lengthy and complex, with potential delays due to audits or denials.
Solution: We ensure full compliance with recruitment and wage requirements to avoid errors or omissions.

2. Proving Employee Qualifications

Challenge: USCIS may question whether the applicant meets the job’s requirements.
Solution: Provide comprehensive evidence, including degrees, experience letters, and certifications.

3. Backlogs for Other Workers

Challenge: The "other workers" subcategory often experiences longer wait times due to visa backlogs.
Solution: Regularly check the visa bulletin and prepare for consular interviews or adjustment of status promptly when a visa becomes available.

Why Choose the EB-3 Visa?

Broad Eligibility:
- Covers a wide range of professions, from skilled trades to unskilled labor.
Permanent Residency:
- Provides a direct path to green card status for workers and their families.
Employer Sponsorship:
- U.S. employers can address labor shortages by hiring qualified foreign workers.

How We Can Help

Our immigration law firm specializes in guiding both employers and employees through the EB-3 visa process. Here’s how we can assist:

Employer Compliance:
- Navigate the PERM labor certification process and ensure adherence to recruitment and wage requirements.
Employee Documentation:
- Compile and organize evidence of qualifications to meet USCIS requirements.
Case Management:
- Handle all stages of the EB-3 process, from PERM to adjustment of status or consular processing.
RFE and Denial Defense:
- Address any USCIS or DOL inquiries with strong legal arguments.