The EB-3 visa is an employment-based immigrant visa that allows foreign workers to obtain permanent residency in the United States. This visa is particularly appealing to both skilled and unskilled workers, as well as professionals seeking long-term employment opportunities in the U.S.
For 2024, the EB-3 visa process remains structured yet competitive due to per-country limitations. Applicants must go through multiple steps, including labor certification, employer sponsorship, and final approval through USCIS or consular processing.
Categories Under EB-3
The EB-3 visa is divided into three categories: skilled workers, professionals, and unskilled workers.
- Skilled Workers must have at least two years of experience or training in a job that is not seasonal or temporary. The job must be full-time and permanent, with a sponsoring U.S. employer.
- Professionals need at least a bachelor’s degree (or its foreign equivalent) in a relevant field. Work experience cannot be used as a substitute for the required degree.
- Unskilled Workers (Other Workers) are individuals performing jobs that require less than two years of training or experience. The job must still be permanent and full-time. Due to high demand, processing times for unskilled workers may be longer.
Step-by-Step EB-3 Visa Process
Step 1: Labor Certification (PERM)
Before sponsoring a foreign worker, the U.S. employer must obtain a Permanent Labor Certification (PERM) from the Department of Labor (DOL). This process ensures that hiring a foreign worker will not negatively affect U.S. workers. Employers must advertise the job locally and prove that no qualified U.S. workers are available.
Step 2: Filing the I-140 Petition
Once PERM is approved, the employer files Form I-140 (Immigrant Petition for Alien Worker) with U.S. Citizenship and Immigration Services (USCIS). This step confirms that the foreign worker meets the job requirements and that the employer can pay the offered salary.
Step 3: Priority Date and Visa Bulletin
After filing the I-140 petition, USCIS assigns a priority date, which determines when the applicant can move forward based on visa availability. The U.S. Department of State Visa Bulletin is updated monthly to show the current priority dates for different countries.
Step 4: Adjustment of Status or Consular Processing
If the applicant is already in the U.S., they can file Form I-485 (Adjustment of Status) with USCIS to transition to permanent residency. If the applicant is outside the U.S., they must complete consular processing at a U.S. embassy or consulate in their home country. This includes an interview and submission of medical and security clearance documents.
Processing Time & Challenges
Processing times vary based on the applicant’s country of origin and demand. Some countries, like India and China, have longer wait times due to per-country visa limits. On average, the EB-3 process can take anywhere from 12 months to several years, depending on visa availability and case complexity.
Additionally, employers must strictly comply with U.S. labor laws, and any mistakes in the PERM or I-140 process can lead to delays or denials.
Family Members and Benefits
EB-3 visa holders can bring their spouses and children under 21 to the U.S. Spouses can apply for a work permit, and children can attend school in the U.S. Once the principal applicant receives a green card, family members can also obtain permanent residency.
Final Thoughts
The EB-3 visa offers an excellent opportunity for foreign skilled and unskilled workers to build a future in the U.S.. While the process is complex and time-consuming, proper employer sponsorship and legal guidance can help applicants successfully navigate the system and achieve their goal of U.S. permanent residency.