EB3 Visa | Employment-Based Immigration

What is an EB3 Visa

The EB-3 visa is a U.S. employment-based visa designed to help employers fill positions with skilled workers, professionals, and unskilled workers from abroad when there are no qualified U.S. workers available. The EB-3 visa is part of the U.S. government’s broader effort to support its labor market by filling vital roles in sectors that face shortages, particularly in areas like healthcare, engineering, and manufacturing. This visa is an excellent opportunity for foreign nationals to obtain a green card and live and work permanently in the United States.

Categories of EB-3 Visa

The EB-3 visa is divided into three subcategories:

1. Skilled Workers: Applicants must demonstrate at least two years of job experience or training in their occupation.

2. Professionals: These individuals must have a U.S. bachelor’s degree or a foreign equivalent degree and the role requires such a degree. Relevant experience may not substitute for the degree requirement.

3. Other Workers (Unskilled Workers): This category is for workers performing unskilled labor that requires less than two years of experience or training.

EB3 Visa Requirements

1. Job Offer

To qualify for an EB-3 visa, applicants need a permanent, full-time job offer from a U.S. employer. This means you cannot apply for this visa without sponsorship from a U.S. employer.

2. Labor Certification (PERM)

One of the critical requirements of the EB-3 visa is obtaining a Permanent Labor Certification (PERM) from the U.S. Department of Labor (DOL). This step ensures that hiring a foreign worker won’t negatively impact the U.S. job market by proving that no qualified U.S. worker is available for the job.

3. Qualifications

Each subcategory has distinct qualifications:

• Skilled Workers: Must have at least two years of relevant experience or training.
• Professionals: Must hold a U.S. bachelor’s degree or its foreign equivalent.
• Other Workers: May apply for jobs that require less than two years of experience, but demand for these workers may face caps, making this a more competitive category.

4. Application and Filing Fees

The EB-3 visa application requires payment of several fees, including those associated with the PERM process and the filing of Form I-140.

EB-3 Visa Process

The EB-3 visa application process involves several key steps:

1. Labor Certification (PERM Process)

The first step is for your employer to file for a PERM labor certification. This process involves:

• Advertising the job and showing proof of recruitment efforts to the Department of Labor (DOL).
• Demonstrating that no U.S. worker is available or qualified to take the job.
• After approval, the employer can proceed to the next step of the application.

2. Filing Form I-140 (Immigrant Petition for Alien Worker)

Once the labor certification is approved, your employer files Form I-140, which is the Immigrant Petition for Alien Worker. This form is a formal request to U.S. Citizenship and Immigration Services (USCIS) to classify you under the EB-3 category.

3. Adjustment of Status or Consular Processing

After USCIS approves Form I-140, there are two pathways to receive your green card:

• Adjustment of Status: If you are already in the U.S., you may apply to adjust your status to permanent residency by filing Form I-485.
• Consular Processing: If you are outside the U.S., you will go through consular processing, where you attend an interview at a U.S. consulate in your home country.

EB-3 Visa Processing Time

The processing time for an EB-3 visa varies significantly based on several factors, including the country of origin, visa category demand, and the efficiency of various government agencies involved. In general:

• Labor Certification (PERM): This can take anywhere from 6 months to over a year depending on case complexity.
• Form I-140: Processing times for this form typically range from 6 to 9 months, though premium processing is available for faster adjudication.
• Adjustment of Status/Consular Processing: This phase can take another 6 months to a year, depending on visa availability and the applicant’s location.

For individuals from countries with high demand for EB-3 visas (such as India and China), additional wait times may occur due to visa backlogs, which can extend the process by several years.

How an Immigration Lawyer Can Help You with the EB-3 Visa Process

Navigating the EB-3 visa process can be complex, particularly with the multiple steps involved in labor certification and the possibility of delays due to backlogs or application errors. An immigration lawyer can provide invaluable assistance by:

1. Ensuring Compliance: Lawyers help ensure that both the employer and applicant meet all legal requirements for the visa, minimizing the risk of denials due to errors or omissions in the application.

2. PERM Process Assistance: The labor certification process is time-sensitive and requires careful preparation. An attorney can guide the employer in meeting all requirements and help avoid common mistakes.

3. Documentation and Filing: Immigration lawyers ensure that all forms, such as the Form I-140 and Form I-485, are accurately completed and filed on time. They can also help compile the necessary documentation to support your application.

4. Handling Delays and Issues: If complications arise, such as visa retrogression or requests for additional evidence (RFEs), an attorney can address these issues swiftly and effectively.

5. Providing Strategic Advice: If you’re eligible for multiple visa categories (like EB-2 and EB-3), a lawyer can help you choose the most advantageous option based on your qualifications and the visa processing times.