What is
EB-3 Visa
The EB-3 visa is an employment-based immigrant visa category that provides a pathway for skilled workers, professionals, and other workers to live and work permanently in the United States. This visa category is divided into three subcategories:
- EB-3(A) Skilled workers: individuals whose jobs require at least two years of training or experience.
- EB-3(B) Professionals: individuals whose jobs require at least a U.S. bachelor’s degree or a foreign equivalent.
- EB-3(C) Other workers: individuals performing unskilled labor that requires less than two years of training or experience.
The EB-3 visa is a third-preference employment visa, making it accessible to a broader range of applicants compared to the EB-1 and EB-2 categories, which have stricter requirements.
The EB-3 Green Card Application Process
The EB-3 Green Card application process involves several key steps, each requiring careful attention to detail and adherence to specific requirements. Here is a detailed overview of the process:
Step 1: Labor Certification
Before you can apply for the EB-3 Green Card, your U.S. employer must obtain a labor certification from the Department of Labor. This involves proving that there are no qualified U.S. workers available for the position you’re being offered. The employer must:
- Submit a job order: Place a job order with the State Workforce Agency (SWA) for at least 30 days.
- Advertise the job: Advertise the job in at least two Sunday editions of a widely circulated newspaper. Additional recruitment efforts may include advertisements in trade journals, job fairs, or on the employer’s website.
- Document recruitment efforts: Maintain records of all recruitment efforts and demonstrate that no qualified U.S. workers were available for the position.
Step 2: Form I-140 Petition
Once the labor certification is approved, your employer can file Form I-140, Immigrant Petition for Alien Worker, with USCIS. This form establishes your eligibility for the EB-3 immigrant category and must be accompanied by:
- Approved labor certification: a copy of the approved labor certification from the DOL.
- Supporting documentation: evidence of your qualifications, including educational credentials, job experience, and any relevant certifications.
- Employer’s financial ability: proof that the employer can pay the offered wage, such as an annual report, federal income tax return, or audited financial statement.
Step 3: Green Card application
After USCIS approves your Form I-140, you can proceed with the Green Card application:
- Consular processing: if you are outside the U.S., you will apply for an immigrant visa at a U.S. consulate or embassy in your home country by submitting Form DS-260, Immigrant Visa and Alien Registration Application.
- Adjustment of status: if you are already in the U.S. on a different nonimmigrant visa, you can file Form I-485, Application to Register Permanent Residence or Adjust Status, to change your status to that of a permanent resident.
EB-3 Green Card Processing Time
The processing time for the EB-3 visa can vary based on several factors, including your country of origin and the specific USCIS center handling your case. Here is a general timeline:
- Labor certification: around 1 year, depending on the DOL’s workload.
- Form I-140 processing: 4-9 months on average. Premium processing is available for an additional fee, guaranteeing a decision within 15 calendar days.
- Visa availability: the wait time for a visa number can vary significantly based on your country of origin. Check the Visa Bulletin for the latest information.
- Form I-485 processing: 7.5 to 40 months, depending on the USCIS center and your specific circumstances.
- Consular processing: The scheduling of an interview and the subsequent wait time can vary based on the specific U.S. consulate or embassy.
H-1B visa and the lottery system
H-1B visa cap exemptions
Premium processing for H-1B visa
Eligibility criteria
Skilled Workers: EB-3(A)
To qualify as a skilled worker under the EB-3(A) subcategory, you must meet the following requirements:
- Job experience or training: possess at least two years of job experience, education, or training that meets the job requirements specified on the labor certification.
- Job offer: have a job offer from a U.S. employer who can demonstrate the unavailability of qualified U.S. workers.
- Permanent, full-time job: the job offer must be for a permanent, full-time position.
- Labor certification: obtain an approved labor certification from the Department of Labor (DOL).
Professionals: EB-3(B)
To qualify as a professional under the EB-3(B) subcategory, you must meet the following requirements:
- Educational Qualifications: Possess a U.S. bachelor’s degree or its foreign equivalent.
- Job Offer: Have a job offer from a U.S. employer who can demonstrate the unavailability of qualified U.S. workers.
- Permanent, full-time job: the job offer must be for a permanent, full-time position.
- Labor Certification: obtain an approved labor certification from the DOL.
Other Workers: EB-3(C)
To qualify as an unskilled worker under the EB-3(C) subcategory, you must meet the following requirements:
- Job experience: be capable of performing unskilled labor that requires less than two years of training or experience.
- Job offer: have a job offer from a U.S. employer who can demonstrate the unavailability of qualified U.S. workers.
- Permanent, full-time job: the job offer must be for a permanent, full-time position.
- Labor certification: obtain an approved labor certification from the DOL.
The importance of legal consultation in today's complex world
Navigating the complexities of the EB-3 visa application process can be challenging. Seeking legal consultation ensures that you fully understand the requirements and have all the necessary documentation in place. Legal experts can guide you through each step, increasing your chances of a successful application. At Partovi Law PLLC, we provide comprehensive legal services to help you stay updated with the latest changes and avoid common pitfalls, ensuring a smoother and more efficient application process.
Key benefits of legal consultation
- Expert guidance: an immigration attorney provides expert guidance tailored to your specific situation, ensuring that you meet all eligibility criteria and prepare a robust application.
- Document preparation: legal professionals assist in the meticulous preparation and review of all required documents, reducing the risk of errors that could delay your application.
- Representation: should any issues arise during the application process, an attorney can represent you in communications with U.S. Citizenship and Immigration Services (USCIS) and other relevant authorities.
- Updates on immigration laws: immigration laws and policies can change frequently. A dedicated attorney stays updated on these changes and advises you accordingly.
- Peace of mind: knowing that your application is being handled by a professional can provide peace of mind, allowing you to focus on other aspects of your move to the United States.
When to Seek Legal Consultation
- Initial evaluation: consult an attorney when you first consider applying for the EB-3 visa to assess your eligibility and understand the requirements.
- Document preparation: seek assistance when gathering and preparing the necessary documentation to ensure everything is in order.
- Facing challenges: if your application encounters obstacles, such as requests for additional evidence (RFEs) or denials, an attorney can help address these issues effectively.
- Complex cases: for cases involving unique circumstances or complex employment situations, legal consultation is particularly beneficial.
