EB -3 Visa: A Guide to Employment-Based Immigration to the US

Understanding EB-3 Visa

If you are a foreign national who wants to work in the United States, you may be eligible for an Employment-Based Third Preference (EB-3) Visa. This type of visa is one of the employment-based permanent residency visas, which allows you to live and work in the United States permanently.

To be eligible for an EB-3 Visa, you must have a job offer from a U.S. employer who is willing to sponsor you. The employer must also prove that there are no qualified U.S. workers available to fill the position. The EB-3 Visa is divided into three categories, including:

  • Skilled Workers: This category is for people who have at least two years of job experience or training and are not seasonal or temporary workers.
  • Professionals: This category is for people who have a U.S. bachelor’s degree or its foreign equivalent and are members of the professions.
  • Other Workers: This category is for people who perform unskilled labor that requires less than two years of training or experience.

The EB-3 Visa process is a multi-step process that can take several months or even years to complete. The employer must file a labor certification application with the U.S. Department of Labor to show that there are no qualified U.S. workers available for the job. Once the labor certification is approved, the employer must file an immigrant petition with the U.S. Citizenship and Immigration Services (USCIS). If the petition is approved, you must then apply for a visa at a U.S. embassy or consulate in your home country.

Once you have been granted an EB-3 Visa, you will be a permanent resident of the United States. This means that you can live and work in the United States indefinitely. You will also be eligible for certain benefits, such as the ability to sponsor family members for permanent residency and the ability to apply for U.S. citizenship after a certain period of time.

Overall, the EB-3 Visa is a great option for foreign nationals who want to work and live in the United States permanently. However, the process can be complex and time-consuming, so it is important to work with an experienced immigration attorney to ensure that your application is successful.

EB-3 Visa Categories

If you are a professional looking to work in the United States, you may be eligible for an EB-3 visa. The EB-3 visa is designed for three categories of workers: skilled workers, professionals, and other workers. Each category has its own requirements and limitations.

Skilled Workers Category

The skilled worker category is for individuals who have at least two years of experience or training in their field. This category also includes workers who are not members of a profession but still require a certain level of skill. Examples of skilled workers include carpenters, electricians, and plumbers. To be eligible for an EB-3 visa as a skilled worker, you must have a full-time job offer from a U.S. employer, and the employer must show that they have been unable to find a qualified U.S. worker for the position.

Professionals Category

The professionals category is for individuals who have a bachelor’s degree or higher in their field. This category includes doctors, lawyers, and engineers. To be eligible for an EB-3 visa as a professional, you must have a full-time job offer from a U.S. employer, and the employer must show that they have been unable to find a qualified U.S. worker for the position.

Other Workers Category

The other workers category is for individuals who perform unskilled labor that requires less than two years of training or experience. Examples of other workers include nannies, housekeepers, and agricultural workers. To be eligible for an EB-3 visa as an other worker, you must have a full-time job offer from a U.S. employer, and the employer must show that they have been unable to find a qualified U.S. worker for the position.

It is important to note that there is a limited number of visas available each year for each category of worker. Additionally, the wait time for an EB-3 visa can vary depending on your country of origin. For example, individuals from India and China may have longer wait times than individuals from other countries.

Overall, the EB-3 visa is a great option for professionals, skilled workers, and other workers looking to work in the United States. If you meet the eligibility requirements and have a full-time job offer from a U.S. employer, you may want to consider applying for an EB-3 visa.

EB-3 Visa Requirements

If you are interested in obtaining an EB-3 visa, there are certain requirements that you must meet. The EB-3 visa is intended for skilled workers, professionals, and other workers who have a job offer in the United States. Here are some of the key requirements for the EB-3 visa:

Education and Experience

To qualify for an EB-3 visa, you must have either a U.S. baccalaureate degree or a foreign equivalent degree. If you have a foreign degree, it must be evaluated by a qualified credential evaluation service to determine if it is equivalent to a U.S. baccalaureate degree.

In addition to the education requirement, you must also have at least two years of job experience or training in your field. This experience must be relevant to the job that you have been offered in the United States.

Job Offer

To apply for an EB-3 visa, you must have a full-time job offer from a U.S. employer. The job must be in a field that requires at least two years of experience or training.

Other Requirements

In addition to the education, experience, and job offer requirements, there are a few other requirements that you must meet to qualify for an EB-3 visa. These include:

  • You must be admissible to the United States. This means that you cannot have a criminal record or other issues that would make you ineligible for a visa.
  • You must have the necessary documentation to prove your qualifications for the job.
  • Your employer must obtain a labor certification from the U.S. Department of Labor.

Overall, the EB-3 visa is a great option for skilled workers, professionals, and other workers who have a job offer in the United States. If you meet the requirements, you can apply for an EB-3 visa and start your new life in the United States.

Application Process for EB-3 Visa

The EB-3 visa is an employment-based immigrant visa that allows foreign workers to obtain permanent residency in the United States. The EB-3 visa is designed for professionals, skilled workers, and other workers who have job offers in the United States. In this section, we will discuss the application process for the EB-3 visa.

Form I-140 Petition

The first step in the EB-3 visa application process is to file a Form I-140 petition with the United States Citizenship and Immigration Services (USCIS). The Form I-140 petition is also known as the Immigrant Petition for Alien Worker. The petition must be filed by the employer who is sponsoring the foreign worker.

The Form I-140 petition requires the employer to provide information about the job offer, the foreign worker’s qualifications, and other relevant information. The USCIS will review the petition to determine if the foreign worker is eligible for the EB-3 visa.

PERM Labor Certification Process

Before filing the Form I-140 petition, the employer must obtain a PERM Labor Certification from the Department of Labor (DOL). The PERM Labor Certification process is designed to ensure that there are no qualified U.S. workers available for the job.

The PERM Labor Certification process requires the employer to advertise the job opening and conduct recruitment efforts to find qualified U.S. workers. If no qualified U.S. workers are available, the employer can proceed with the EB-3 visa application process.

Form I-485 Application

Once the Form I-140 petition is approved, the foreign worker can file a Form I-485 application with the USCIS. The Form I-485 application is also known as the Application to Register Permanent Residence or Adjust Status.

The Form I-485 application requires the foreign worker to provide biographical information, employment history, and other relevant information. The USCIS will review the application to determine if the foreign worker is eligible for the EB-3 visa.

Consular Processing

If the foreign worker is outside the United States, they can apply for the EB-3 visa through consular processing. Consular processing requires the foreign worker to apply for the visa at a U.S. embassy or consulate in their home country.

The consular processing application requires the foreign worker to provide biographical information, employment history, and other relevant information. The U.S. embassy or consulate will review the application to determine if the foreign worker is eligible for the EB-3 visa.

National Interest Waiver

In some cases, the foreign worker may be eligible for a National Interest Waiver (NIW). The NIW allows the foreign worker to bypass the PERM Labor Certification process and the job offer requirement.

To qualify for the NIW, the foreign worker must demonstrate that their work is in the national interest of the United States. The foreign worker must provide evidence of their qualifications, the importance of their work, and the impact of their work on the United States.

Affidavit of Support and Medical Examination

As part of the EB-3 visa application process, the foreign worker must also provide an Affidavit of Support (Form I-864) and a Report of Medical Examination and Vaccination Record (Form I-693). The Affidavit of Support is a document that demonstrates that the foreign worker will not become a public charge while in the United States. The Report of Medical Examination and Vaccination Record is a document that demonstrates that the foreign worker is in good health and has received all required vaccinations.

In summary, the EB-3 visa application process requires the employer to file a Form I-140 petition, obtain a PERM Labor Certification, and the foreign worker to file a Form I-485 application or apply for consular processing. The foreign worker may also be eligible for a National Interest Waiver. The foreign worker must also provide an Affidavit of Support and a Report of Medical Examination and Vaccination Record.

Department of Labor and USCIS Role

When applying for an EB-3 visa, both the Department of Labor (DOL) and the United States Citizenship and Immigration Services (USCIS) play an important role in the process.

The DOL is responsible for certifying that there are no qualified U.S. workers available for the position that the employer is seeking to fill with a foreign worker. This is known as the Labor Certification process. The employer must first obtain a Prevailing Wage Determination from the DOL, which sets the minimum wage that must be offered for the position. The employer must then conduct recruitment efforts to find qualified U.S. workers and submit a PERM Labor Certification application to the DOL. The DOL will review the application to ensure that the employer has met all the requirements and that there are no qualified U.S. workers available for the position.

Once the employer has obtained the Labor Certification, they can then submit an I-140 petition to the USCIS. The USCIS will review the petition to ensure that the foreign worker meets the qualifications for the position and that the employer has met all the requirements for the EB-3 visa category. If the USCIS approves the petition, the foreign worker can then apply for an EB-3 visa at a U.S. embassy or consulate abroad.

It is important to note that the DOL and USCIS have different roles in the EB-3 visa process. The DOL is responsible for certifying that there are no qualified U.S. workers available for the position, while the USCIS is responsible for determining whether the foreign worker meets the qualifications for the position and whether the employer has met all the requirements for the EB-3 visa category.

In summary, the DOL and USCIS play critical roles in the EB-3 visa process. The DOL is responsible for certifying that there are no qualified U.S. workers available for the position, while the USCIS is responsible for determining whether the foreign worker meets the qualifications for the position and whether the employer has met all the requirements for the EB-3 visa category.

EB-3 Visa Fees

If you are considering applying for an EB-3 visa, it is important to understand the fees involved. The fees for an EB-3 visa application can vary depending on several factors, including your country of origin, the type of employer sponsoring you, and whether you are applying from within the United States or from abroad.

Here are some of the fees you can expect to pay when applying for an EB-3 visa:

Filing Fees

The filing fee for an EB-3 visa application is $700. This fee is non-refundable and must be paid at the time of filing. Note that this fee is for the initial filing only and does not include any additional fees that may be required later in the process.

Processing Fee

In addition to the filing fee, there is also a processing fee for EB-3 visa applications. This fee varies depending on where you are applying from and whether you are applying from within the United States or from abroad. For example, if you are applying from outside the United States, the processing fee is currently $345. If you are applying from within the United States, the processing fee is currently $1,140.

Other Fees

Depending on your specific situation, there may be additional fees associated with your EB-3 visa application. For example, if you are required to undergo a medical examination, you will need to pay for this separately. Additionally, if you are required to submit additional documentation or attend an interview, there may be additional fees associated with these steps.

It is important to note that fees for EB-3 visa applications are subject to change at any time. Before submitting your application, be sure to check the most up-to-date fee schedule to ensure that you are aware of all costs associated with the process.

Priority Date and Visa Bulletin

When it comes to EB-3 visas, your priority date is crucial. It refers to the date when the U.S. Citizenship and Immigration Services (USCIS) receives your EB-3 petition. Your priority date determines your place in line for a visa. It is important to keep in mind that the priority date can change depending on the demand for the visa and the number of visas available.

The Visa Bulletin is a monthly publication by the U.S. Department of State that provides information on the availability of immigrant visas. It shows the priority dates for each visa category and country of birth. The Visa Bulletin is divided into two charts: Chart A and Chart B.

Chart A shows the priority dates for final action. These are the dates when visas are actually available for issuance. If your priority date is earlier than the date listed in Chart A, you can apply for a visa and, if approved, receive your green card.

Chart B shows the priority dates for filing. These are the dates when you can submit your application for a visa. However, it does not mean that visas are immediately available. You still need to wait for your priority date to become current before you can receive your green card.

It is important to note that the priority dates can change from month to month. This is because the demand for visas can vary depending on the number of applicants and the available visas. The Visa Bulletin can give you an idea of when your priority date will become current, but it is not a guarantee.

In summary, your priority date is crucial when it comes to EB-3 visas. The Visa Bulletin provides important information on the availability of immigrant visas and can help you determine when your priority date will become current. Keep in mind that the priority dates can change from month to month, so it is important to stay up to date with the latest information.

EB-3 Visa and Green Card

If you are a skilled worker, professional, or other worker, you may be eligible for an EB-3 visa and a green card. The EB-3 visa is an employment-based visa that allows you to work and live permanently in the United States. The EB-3 visa is divided into three categories: skilled workers, professionals, and other workers.

To obtain an EB-3 visa, your employer must first obtain a labor certification from the Department of Labor. This certification verifies that there are no qualified U.S. workers available for the position you are being offered and that your employment will not adversely affect the wages and working conditions of similarly employed U.S. workers.

Once your employer has obtained the labor certification, they can file an immigrant petition on your behalf. If your petition is approved, you can apply for an EB-3 visa at a U.S. embassy or consulate abroad. Alternatively, if you are already in the United States on a valid nonimmigrant visa, you may be able to adjust your status to permanent residency without leaving the country.

If you are granted an EB-3 visa, you will be a lawful permanent resident of the United States and can live and work in the country indefinitely. You will also be eligible to apply for U.S. citizenship after a certain period of time.

The EB-3 visa is subject to annual numerical limits, which means that there are a limited number of visas available each year. This can result in long wait times for some applicants, particularly those from countries with high demand for EB-3 visas. However, once you have obtained an EB-3 visa, you will have the peace of mind of knowing that you can live and work in the United States permanently.

Overall, the EB-3 visa and green card are important tools for employers and skilled workers seeking to work and live permanently in the United States. If you are a skilled worker, professional, or other worker, you may be eligible for an EB-3 visa and should consult with an experienced immigration attorney to determine your eligibility and explore your options.

Family and EB-3 Visa

If you are planning to apply for an EB-3 visa, it is important to understand how the visa program affects your family members. The EB-3 visa program allows you to bring your spouse and unmarried children under the age of 21 to the United States with you.

Spouse

Your spouse can accompany you to the United States on an EB-3 visa. Your spouse may also be eligible to work in the United States by obtaining an Employment Authorization Document (EAD). However, your spouse’s ability to work may depend on the specific terms of their visa.

Unmarried Children

If you have unmarried children under the age of 21, they may also accompany you to the United States on an EB-3 visa. Your children may also be eligible to attend school in the United States.

Minor Children

If you have minor children, it is important to note that they must be unmarried and under the age of 21 at the time of your visa application. If your children turn 21 or get married before your visa is approved, they may no longer be eligible to accompany you to the United States.

Overall, the EB-3 visa program allows you to bring your immediate family members with you to the United States. However, it is important to carefully review the specific terms of your visa and understand how they may affect your family members.

Additional Documentation for EB-3 Visa

When applying for an EB-3 visa, it is essential to provide adequate documentation to support your application. Failure to provide the required documents can lead to delays or even denial of your visa application. Here is a list of supporting documents that you may need to submit along with your EB-3 visa application:

Birth Certificate

You will need to provide a copy of your birth certificate to establish your identity and citizenship. If your birth certificate is not in English, you will need to provide a certified translation of the document.

Medical Examination

You will need to undergo a medical examination by a designated physician to ensure that you are not carrying any contagious diseases. The physician will provide you with a sealed envelope containing the results of your medical examination, which you must submit along with your visa application.

Vaccinations

You will also need to provide documentation of your vaccinations. The required vaccinations include measles, mumps, rubella, polio, tetanus, diphtheria, pertussis, influenza type B, hepatitis B, and varicella.

Supporting Documents

In addition to the above documents, you will also need to provide supporting documents to establish your eligibility for the EB-3 visa. These documents may include:

  • Educational credentials, such as diplomas or transcripts
  • Letters of recommendation from previous employers
  • Proof of work experience in the relevant field
  • Evidence of a job offer from a US employer

Conclusion

Providing adequate documentation is crucial when applying for an EB-3 visa. Ensuring that you have all the necessary documents before submitting your application can save you time and prevent unnecessary delays.

Comparison with Other EB Visas

If you are considering applying for an EB-3 visa, it’s important to understand how it compares to other employment-based visas. Here’s a brief overview of some of the other EB visa categories:

EB-1 Visa

The EB-1 visa is for individuals with extraordinary ability in the sciences, arts, education, business, or athletics. It is also available for outstanding professors and researchers and multinational executives and managers. The EB-1 visa has no backlog, meaning that visas are currently available to all applicants who meet the eligibility requirements.

EB-2 Visa

The EB-2 visa is for individuals with advanced degrees or exceptional ability in the sciences, arts, or business. This visa category also includes national interest waivers, which allow individuals who can demonstrate that their work is in the national interest to bypass the labor certification process. The EB-2 visa has a significant backlog, particularly for individuals born in India and China.

EB-4 Visa

The EB-4 visa is for special immigrants, including religious workers, broadcasters, and certain international organization employees. This visa category also includes special immigrant juveniles, who are minors who have been abused, abandoned, or neglected and cannot be reunited with their parents. The EB-4 visa has no backlog for most applicants.

EB-5 Visa

The EB-5 visa is for foreign investors who invest at least $1 million (or $500,000 in certain targeted employment areas) in a new commercial enterprise that creates at least 10 full-time jobs for U.S. workers. The EB-5 visa has a backlog, particularly for individuals born in China.

E-3 Visa

The E-3 visa is a nonimmigrant visa for Australian nationals who are coming to the United States to work in a specialty occupation. The E-3 visa has no backlog, and there is a separate annual cap of 10,500 visas.

Conclusion

Overall, the EB-3 visa is a good option for individuals with at least two years of experience in a skilled or unskilled occupation. However, if you have extraordinary ability, an advanced degree, or are interested in investing in a new commercial enterprise, you may want to consider one of the other EB visa categories.

Obtaining an EB-3 Visa can be a complicated and confusing process. If you are considering applying for an EB-3 Visa, it is highly recommended that you seek the help of an experienced immigration attorney or lawyer to guide you through the process.

An immigration attorney or lawyer who specializes in EB-3 Visas will be able to provide you with the necessary legal assistance to ensure that your application is completed properly and submitted on time. They can also help you understand the specific requirements of the EB-3 Visa, such as the minimum education and work experience requirements, and help you gather the necessary documentation to support your application.

Working with an immigration attorney or lawyer can also help you avoid common mistakes that can lead to your application being denied. They can review your application to ensure that it is complete and accurate, and help you address any issues that may arise during the application process.

In addition to providing legal assistance with the application process, an immigration attorney or lawyer can also help you navigate any legal issues that may arise after you have been granted an EB-3 Visa. They can help you understand your rights and responsibilities as a visa holder, and provide guidance on issues such as renewing your visa or applying for permanent residency.

Overall, seeking the help of an experienced immigration attorney or lawyer can greatly increase your chances of success when applying for an EB-3 Visa. They can provide you with the legal assistance and guidance you need to navigate the complex process and achieve your immigration goals.

Employment and EB-3 Visa

If you are a foreign worker seeking employment in the United States, the EB-3 visa may be the right choice for you. The EB-3 visa is designed for qualified workers, professionals, and unskilled laborers who have a full-time job offer from a U.S. employer.

Before applying for an EB-3 visa, you will need to obtain a job offer from a U.S. employer. The job offer must be for a full-time position and the employer must be willing to sponsor your visa application. This means that the employer must file a petition on your behalf with the U.S. Citizenship and Immigration Services (USCIS).

In addition to a job offer, you will also need to obtain a Prevailing Wage Determination (PWD) from the Department of Labor (DOL). The PWD is an official determination of the wage rate that must be paid to foreign workers in a specific occupation and geographic location. The PWD is based on the average wage paid to U.S. workers in the same occupation and geographic location.

Once you have a job offer and a PWD, you can begin the process of applying for an EB-3 visa. The process involves several steps, including filing a petition with USCIS, obtaining a visa number from the Department of State, and attending an interview at a U.S. consulate or embassy.

It is important to note that the EB-3 visa has an annual cap, which means that only a certain number of visas are available each year. This cap can cause delays in the processing of visa applications, so it is important to apply as early as possible.

In conclusion, the EB-3 visa is a great option for foreign workers seeking employment in the United States. With a job offer, a PWD, and the right qualifications, you can apply for an EB-3 visa and start your journey to working in the U.S.

Miscellaneous Information on EB-3 Visa

If you are considering applying for an EB-3 visa, there are a few important things you should know. Here is some miscellaneous information that can help you better understand the process:

Continuing Ability to Pay

One of the requirements for obtaining an EB-3 visa is that your employer must have a continuing ability to pay your salary. This means that your employer must be able to demonstrate that they have the financial resources to pay your salary for the entire duration of your visa. USCIS may request evidence of your employer’s financial status, so it is important to ensure that your employer can meet this requirement.

Success

The success rate for EB-3 visa applications can vary depending on a number of factors, including the applicant’s qualifications, the employer’s ability to pay, and the demand for visas in a particular year. However, on average, the success rate for EB-3 visa applications is around 60-70%.

Schedule A, Group I

If you are a nurse or physical therapist, you may be eligible for the Schedule A, Group I category, which allows you to bypass the labor certification process. This can significantly speed up the visa application process.

Foreign Degree Equivalent

If you have a foreign degree, it must be equivalent to a degree from a U.S. institution in order to qualify for an EB-3 visa. You may need to have your degree evaluated by a credential evaluation service to determine its U.S. equivalency.

U.S. Citizenship

While an EB-3 visa can eventually lead to U.S. citizenship, it is not an automatic process. You will need to meet certain requirements and apply for citizenship separately.

U.S. Customs and Border Protection

Once you have been approved for an EB-3 visa, you will need to go through U.S. Customs and Border Protection (CBP) at a U.S. port of entry. CBP will verify your visa and other documentation, and may ask you questions about your travel plans and purpose of your visit.

USCIS Policy Manual

For more detailed information about the EB-3 visa process, you may want to consult the USCIS Policy Manual. This manual provides guidance to USCIS officers on how to interpret and apply immigration laws and regulations.

Frequently Asked Questions

What is an EB3 visa and who qualifies for it?

An EB3 visa is an employment-based immigrant visa that allows foreign nationals to work and live permanently in the United States. The EB3 visa is designed for professionals, skilled workers, and other workers who have job offers from US employers. To qualify for an EB3 visa, you must have a job offer from a US employer, meet the educational and work experience requirements for the job, and have the necessary qualifications for the position.

Is the EB3 visa easy to obtain?

The EB3 visa is not easy to obtain. The process of obtaining an EB3 visa can be complex and time-consuming. You will need to go through a multi-step process that includes obtaining a labor certification from the US Department of Labor, filing a petition with the US Citizenship and Immigration Services (USCIS), and attending an interview at a US embassy or consulate. The process can take several months to several years, depending on your circumstances.

Who can sponsor an EB3 visa?

US employers can sponsor foreign nationals for an EB3 visa. The employer must offer a job to the foreign national and demonstrate that there are no qualified US workers available to fill the position. The employer must also obtain a labor certification from the US Department of Labor, which involves advertising the job to US workers and demonstrating that the foreign national is the best candidate for the job.

What are the different types of Green cards?

The EB3 visa is a type of employment-based Green Card. There are several other types of Green Cards, including family-based Green Cards, diversity visas, and refugee/asylee Green Cards. Each type of Green Card has its own eligibility criteria, application process, and waiting times.

What is the cost of an EB3 visa?

The cost of an EB3 visa varies depending on several factors, including the USCIS filing fees, attorney fees, and other costs associated with obtaining the necessary documents and certifications. As of 2023, the USCIS filing fee for an EB3 visa is $1,440.

What is the processing time for an EB3 visa in 2023?

The processing time for an EB3 visa in 2023 varies depending on several factors, including the USCIS processing times, the availability of visa numbers, and the complexity of your case. On average, the processing time for an EB3 visa can take between 6 months to 2 years. However, it is important to note that processing times can vary and there is no guarantee of a specific processing time.

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