EB-3 Visa Lawyer

An EB-3 visa is an immigrant visa (green card) that is designed for workers of various skills, trades, and professions who plan on immigrating to the U.S. for a job offer. Like other types of green cards, the EB-3 is good for ten years and can be extended if needed.

Within the EB-3 visa category, there are three subcategories in which all types of eligible occupations are separated. These categories are:

• Skilled workers. EB-3 skilled workers are individuals who have at least two years of work experience or training. This training may be acquired through formal education, vocational training, or on-the-job experience.

• Professionals. This category is for professionals who hold a U.S. baccalaureate degree or its foreign equivalent. The degree should be in a field related to the occupation for which the EB-3 visa is being sought.

• Other workers. Unskilled workers, also referred to as “other workers,” are individuals capable of performing unskilled labor. This category encompasses jobs that typically do not require extensive training or experience.

While these three categories will have similar processes when it comes to applying, they differ in their eligibility requirements. We will highlight these differences in the section below.

Once you’ve gathered all of the necessary documents, you and your employer are ready to begin the application process. This will consist of three parts: labor certification, petitioning process, and an interview with an embassy or consulate agent.

EB-3 PERM Processing

Obtaining a labor certification the Department of Labor begins with a process referred to as Program Electronic Review Management (PERM) in which your employer ensures that there are no qualified U.S. workers available to fill the position being offered to the foreign national. Arguably the most time-consuming part of the application, the PERM process consists of three aspects:

• Job advertisement. Your employer is required to advertise the job opportunity to the U.S. workforce through various channels, such as newspapers, online job portals, and other relevant mediums. The goal is to attract potential U.S. workers.

• Prevailing wage determination. Your employer must obtain a prevailing wage determination from the U.S. Department of Labor, indicating the minimum wage that must be offered to the foreign worker based on the job’s location and requirements.

• Recruitment Period: Your employer must wait for a specified period to allow interested U.S. workers to apply for the position.

If your employer has waited the allocated recruitment period and no qualified U.S. workers are found, the employer can proceed with filing a labor certification with the DOL.

EB-3 Petitioning Process

After you and your employer have completed the labor certification process, the next step will be to file Form I-140, the Immigrant Petition for Alien Worker, with U.S. Citizenship and Immigration Services (USCIS). This form, which is also submitted by your employer, establishes your eligibility for an EB-3 visa. The documentation submitted with the I-140 petition should include proof of your employer’s ability to pay the offered wage and evidence of your qualifications.

EB-3 Interview Process

If your petition is granted, there will be a significant waiting period before your EB-3 is issued. The processing time is typically one to three years but sometimes longer if there is a long waiting list.

At some point during your waiting period, you will be issued a visa number and invited to schedule an interview at your nearest U.S. embassy or consulate (or USCIS office if already in the U.S.). During this interview, your agent will go over your documentation, affirm your employer’s (and your) statements, and disclose any issues that may need to be resolved before a visa can be issued.