The EB-3 visa is an employment-based green card that allows skilled workers, professionals, and unskilled laborers to live and work permanently in the United States. It is a wonderful road to achieve the American dream for those who fit the requirements.

EB-3 Visa

The EB-3 visa is within the employment-based immigrant visa category, which allows foreign individuals to obtain permanent residency (green card) in the United States. It’s separated into three subcategories.

• Skilled Workers: Those having at least two years of experience, training, or education in a particular occupation.
• Professionals: Individuals with a U.S. bachelor’s degree (or international equivalent) who work in a position that needs such a degree.
• Unskilled Workers: Individuals who perform jobs requiring less than two years of training or experience (such as labor-intensive positions).

Benefits of the EB-3 Visa

The EB-3 Visa offers permanent residency, work flexibility, citizenship path after five years, and family benefits, including spouse and unmarried children under 21, as well as citizenship eligibility after five years.

Eligibility Requirements

• For Skilled Workers: Skilled workers, need to have at least two years of job-related training or experience, as well as a minimum of two years of education or training.
• For Professionals: For this category, a U.S. bachelor’s degree or foreign equivalent is required as the job must require a bachelor’s degree for entry.
• For Unskilled Workers: For this category, one must be able to perform unskilled labor (e.g., agriculture, construction). Also, the job must be full-time and not temporary.

Application Process for the EB-3 Visa

The EB-3 visa process is lengthy, with per-country limits, extensive documentation, and legal representation required. Consulting an immigration attorney can help navigate the complex process. Let us look at the application process for this kind of visa.

Labor Certification (PERM)

The U.S. Department of Labor (DOL) must issue a Permanent Labor Certification (PERM) to the employer before the employer files for an EB-3 visa. The hiring of a foreign worker won’t have a detrimental effect on the state of the American labor market, as this step guarantees that the position has been marketed to American workers.

Keep Form I-140 on file

Once PERM certification is granted, the employer certifies the worker’s eligibility and the business’s ability to pay the promised wage by filing Form I-140 (Immigrant Petition for Alien Worker) with U.S. Citizenship and Immigration Services (USCIS).

Adjustment of Status or Consular Processing

The worker can adjust their status to permanent resident by filing Form I-485 if they are already in the U.S. on a valid visa, or undergo a visa interview at a U.S. embassy or consulate in their home country.

The processing time varies based on PERM approval, USCIS workload, and country-specific visa caps. On average, the process takes 1-3 years. Applicants from countries with strong demand, such as India or China, may face longer wait times due to visa backlogs.

Frequently Asked Questions and Answers About EB-3 Visa

1. What is the EB-3 Visa?

The EB-3 visa is a U.S. green card category for skilled workers, professionals, and unskilled workers.It allows individuals to live and work permanently in the U.S. with eligibility and employer sponsorship.

2. Who is Eligible for the EB-3 Visa?

The EB-3 visa categorizes workers into skilled, professional, and unskilled workers, with skilled workers having at least two years of experience, professionals having a U.S. bachelor’s degree, and unskilled workers having less.

3. What Documents are Required for the EB-3 Visa?

Key documents include:

• A valid passport.
• A job offer letter from a U.S. employer.
• Approved PERM labor certification.
• Form I-140, Immigrant Petition for Alien Worker.
• Academic credentials (for professionals).
• Proof of work experience or training (for skilled workers).
• Medical examination results.

4. What is the PERM Labor Certification?

PERM (Program Electronic Review Management) is a labor certification process where the U.S. Department of Labor ensures that hiring a foreign worker won’t negatively affect U.S. workers. It is mandatory for most EB-3 applications.

5. How Long Does the EB-3 Visa Process Take?

The timeline varies depending on factors like:

• PERM certification approval (6–12 months).
• I-140 petition processing (4–9 months).
• Visa availability and country-specific quotas.

Due to visa backlogs, applicants from countries with high demand, such as India and China, may face longer wait times.

Conclusion

The EB-3 visa is a popular choice for foreign nationals seeking a new life in the US, with higher demand in healthcare, IT, and unskilled labor sectors. To ensure success, check the U.S. Department of State’s Visa Bulletin and seek legal assistance from an experienced attorney. With proper preparation and employer support, you can achieve your American dream.