EB3 Visa: Employment-Based Immigration for Skilled Workers, Professionals, and Other Workers

Welcome to Oliveira Lawyers, your reliable partner for immigration services in the United States. Our experienced team assists individuals and employers throughout the intricate process of obtaining an EB3 Visa. Whether you are a skilled worker, professional, or an unskilled laborer with a job offer, you’ve come to the right place.

This page serves as your definitive guide to the EB3 Visa, a visa category designed for individuals seeking permanent employment in the U.S. The EB3 Visa provides access to both skilled and unskilled workers, granting opportunities to contribute to the American workforce. Furthermore, the EB3 Visa is a pathway to permanent residency, helping individuals build a stable future in one of the world’s most dynamic economies.

EB3 Visa in the US
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What is an EB3 Visa?

The EB3 Visa, an employment-based immigrant visa, allows U.S. employers to sponsor foreign workers for permanent residency. Specifically, this visa category targets individuals in three subcategories: skilled workers, professionals, and unskilled workers (other workers). The EB3 Visa offers an opportunity for foreign nationals to live and work permanently in the U.S., provided they meet the qualifications required for their specific subcategory

Definition and Purpose of the EB3 Visa

The EB3 Visa serves to address labor shortages in the U.S. by providing a legal pathway for foreign workers to fill positions that U.S. employers cannot. This visa category allows workers to secure permanent employment in the U.S., especially in industries with high demand for skilled or unskilled labor. Through this program, employers can tap into international talent to meet business needs while foreign workers can achieve long-term residency.

Eligibility Criteria for the Petitioner and the Beneficiary

Both the U.S. employer (petitioner) and the foreign worker (beneficiary) must meet certain conditions to qualify for the EB3 Visa.

U.S. Employer Petitioner:

• The employer must obtain an approved Permanent Labor Certification from the U.S. Department of Labor, demonstrating the inability to find qualified U.S. workers for the role.
• After securing labor certification, the employer must file Form I-140 with the U.S. Citizenship and Immigration Services (USCIS) to petition for the foreign worker.

Worker Subcategory Requirements:

• Skilled Workers: The foreign worker must have at least two years of job experience, training, or education relevant to the position.
• Professionals: The worker must hold a U.S. bachelor’s degree or a foreign equivalent in a relevant field.
• Unskilled Workers: No formal education is required, but the foreign worker must be capable of performing labor requiring less than two years of training or experience.

Educational Qualifications and Experience

• Each subcategory under the EB3 Visa has specific educational and experience-related qualifications. Skilled workers and professionals must provide documentation demonstrating their educational background or relevant job experience. For unskilled workers, employers must prove the availability of positions that require less formal training, ensuring compliance with U.S. labor regulations.

Supporting Documentation for the EB3 Visa

• Both employers and beneficiaries need to submit detailed documentation to demonstrate eligibility under the EB3 category.

Required Documents from the Employer:

• Permanent Labor Certification: A certification from the Department of Labor, confirming the position’s need and the lack of available U.S. workers.
• Form I-140 Petition: A detailed submission to USCIS outlining the foreign worker’s qualifications and the job position.
• Job Offer Letter: Documentation outlining the terms of employment, including salary, job duties, and conditions of employment.

Required Documents from the Beneficiary:

• Educational Credentials or Experience Letters: Documentation showing relevant education or job experience (for skilled workers and professionals).
• Proof of Identity: Copies of the foreign worker’s passport and any prior immigration documents.
• Supporting Evidence: Any additional documentation necessary to establish eligibility for the specific subcategory, such as training certifications or work history.

Legal Status and Compliance

• To successfully obtain the EB3 Visa, the foreign worker must adhere to U.S. immigration laws. The worker must maintain lawful status throughout the application process.
• If their petition is approved, they may obtain a green card and live in the U.S. permanently. In case of visa expiration or petition denial, the worker must take necessary steps to either depart the U.S. or seek lawful alternatives, such as an extension or adjustment of status.

Importance of Demonstrating Eligibility and Compliance

Both the employer and the foreign worker must provide thorough documentation to demonstrate eligibility for the EB3 Visa. Employers must comply with all U.S. labor laws and ensure that the job offer meets wage and working condition requirements. Failure to meet these criteria may result in delays or denial of the visa.

Key Factors to Strengthen the Application:

Labor Certification: Employers must ensure that the certification process clearly outlines the need for foreign workers and the efforts to recruit U.S. employees.

Clear Job Description: The job description should match the beneficiary’s qualifications and the requirements of the visa subcategory.

Salary and Working Conditions: Employers must prove that wages offered meet or exceed industry standards, ensuring compliance with U.S. labor regulations.

Challenges and Solutions for EB3 Applicants

Navigating Labor Certification: The Permanent Labor Certification process can be complex, as employers must demonstrate that no qualified U.S. workers are available for the position. To address this challenge, employers should work closely with legal professionals to ensure that recruitment efforts are well-documented and that all Department of Labor requirements are met.

Managing Processing Times: EB3 Visa applications can face delays due to processing times and visa backlogs, particularly in high-demand subcategories. Both employers and foreign workers should prepare for potential delays by submitting documents early and accurately to avoid processing issues.

Visa Retrogression: In some cases, visa retrogression can occur, meaning there are more applicants than available visa numbers. Workers impacted by retrogression may need to wait for their priority dates to become current before continuing with the immigration process.

By meeting the eligibility criteria and preparing strong documentation, employers and workers can significantly enhance their chances of obtaining an EB3 Visa. Both parties must remain proactive throughout the application process, addressing potential challenges promptly to avoid delays. For many foreign nationals, the EB3 Visa represents a valuable opportunity to achieve permanent residency in the United States while contributing to the nation’s workforce.

EB3 Visa in the US
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Benefits of the EB3 Visa

The EB3 Visa offers numerous advantages for foreign professionals, skilled workers, and other qualified individuals seeking to work in the United States. It serves as an essential route for individuals aiming for employment-based permanent residency. Below are the key benefits of the EB3 Visa:

Rights and Privileges of EB3 Visa Holders

The EB3 Visa is highly valued because of the various rights and privileges it grants to foreign workers across different employment categories:

Permanent Residency in the U.S.: Unlike temporary work visas, the EB3 Visa grants individuals lawful permanent residency. This allows visa holders to live and work in the U.S. indefinitely, providing stability and long-term opportunities for professional and personal growth.

Eligibility for Different Worker Categories: The EB3 Visa is available to three primary groups: professionals, skilled workers, and unskilled workers. Each group must meet specific qualifications, such as holding a U.S. bachelor’s degree (for professionals) or having at least two years of work experience (for skilled workers). This inclusivity ensures that a wide range of individuals can apply for permanent residency.

Work Authorization: EB3 Visa holders are authorized to work in their designated field of employment. This work authorization is crucial for employers seeking to hire foreign workers to meet their specific needs. Additionally, EB3 workers can apply for adjustment of status to become permanent residents.

Pathway to U.S. Citizenship Through the EB3 Visa

Although the EB3 Visa grants permanent residency, it also serves as a pathway to U.S. citizenship for eligible individuals:

Green Card Sponsorship: Employers play a key role in the EB3 process by sponsoring foreign workers for employment-based Green Cards. This sponsorship enables EB3 holders to transition from temporary work status to permanent residency. Once an individual has held their Green Card for five years, they may apply for U.S. citizenship through naturalization.

Family Benefits: EB3 Visa holders can bring their spouse and dependent children under 21 years old to the U.S. as permanent residents. This allows families to reside together in the United States, providing them with similar rights and privileges as the primary visa holders.

Work Authorization for EB3 Visa Holders

The EB3 Visa allows individuals to work in the U.S. under well-defined conditions:

Employment in Designated Roles: EB3 Visa holders are permitted to work in positions that match their skills and experience. For professionals, this typically means holding a job that requires at least a U.S. bachelor’s degree. Skilled workers must meet the criteria of having two years or more of experience in their field, while unskilled workers must prove that they can perform jobs requiring less experience.

Work Authorization for Dependents: The spouses and children of EB3 Visa holders can obtain lawful permanent residency through derivative status, allowing them to live and work in the United States. In most cases, spouses are eligible to work without needing separate employment authorization documents.

Duration and Renewal of the EB3 Visa

The EB3 Visa is structured to provide long-term residency with opportunities for career advancement:

Permanent Residency Upon Visa Approval: Once the EB3 Visa is approved, the applicant is granted lawful permanent residency, allowing them to stay in the U.S. indefinitely. Unlike temporary work visas, there is no fixed expiration date, offering greater security for visa holders and their families.

Job Portability: After receiving a Green Card through the EB3 Visa, individuals are not required to stay with their sponsoring employer. This allows them to change jobs, pursue career advancements, or start their own business while maintaining their permanent resident status.

No Need for Visa Renewal: As a permanent resident, EB3 Visa holders do not need to renew their visa. They can enjoy the benefits of living and working in the U.S. for as long as they maintain their permanent resident status. Additionally, if they choose to apply for U.S. citizenship, they can do so after fulfilling the necessary requirements.

The EB3 Visa offers significant opportunities for foreign workers seeking permanent residency in the U.S. By providing a stable path to living and working in the country, the EB3 Visa is an essential tool for individuals looking to build a long-term future in the United States.

EB3 Visa Requirements

To successfully apply for an EB3 Visa, it is crucial to understand the primary eligibility criteria. The EB3 Visa is designed for individuals seeking permanent residency through employment in the United States. This visa category accommodates skilled workers, professionals, and unskilled workers, each with its own specific set of requirements. Both the applicant and the U.S. employer (sponsor) must meet certain standards, and thorough documentation is required to support the application. In the following sections, we will outline the essential requirements and documents necessary for a successful EB3 Visa application.

Detailed List of Requirements for the EB3 Visa Employer (Petitioner)

• Must offer a permanent, full-time position in the United States that requires a foreign worker to fill.
• Must obtain a certified Labor Certification from the U.S. Department of Labor, confirming that there are no qualified U.S. workers available to fill the position.

• Must file Form I-140, Immigrant Petition for Alien Worker, with the U.S. Citizenship and Immigration Services (USCIS) to initiate the application process.
• Must demonstrate the financial ability to pay the offered wage to the foreign worker as stated in the Labor Certification.

Detailed List of Requirements for the EB3 Visa Beneficiary (Applicant)

Skilled Workers:

• Must possess at least two years of job experience or training relevant to the offered position.
• Must have a valid job offer from a U.S. employer for a permanent, full-time position.

Professionals:

• Must hold a U.S. bachelor’s degree or foreign equivalent that is related to the offered position.
• Must demonstrate that the position typically requires a bachelor’s degree or higher in a specific professional field.

Unskilled Workers:

• Must be capable of performing unskilled labor that is not temporary or seasonal in nature.
• Must have a valid job offer from a U.S. employer that requires less than two years of training or experience.

Necessary Documentation for the EB3 Visa Application

Supporting your EB3 Visa application with the correct documentation is essential to proving eligibility. Below is a detailed list of the required documents for a successful application:

Form I-140: The U.S. employer must complete and file the Immigrant Petition for Alien Worker (Form I-140) with USCIS to begin the process.

Labor Certification: The employer must provide an approved Labor Certification from the U.S. Department of Labor, certifying that there are no qualified U.S. workers available for the job and that the employment of the foreign worker will not adversely affect the wages and working conditions of U.S. workers.

Proof of Qualifications: Depending on the visa category (skilled worker, professional, or unskilled worker), the applicant must provide documents that prove their qualifications for the offered position. This may include:

• Job experience letters
• Diplomas and certifications
• Training records

Proof of Job Offer: The applicant must submit documentation that verifies the job offer, such as an employment contract or a detailed offer letter outlining the job responsibilities, salary, and terms of employment.

Immigration Status Documentation (if applicable): If the applicant is already in the United States, copies of any current immigration documents, such as their visa, I-94, or employment authorization, should be included.

Medical Examination and Background Check Requirements

As part of the EB3 Visa process, the applicant must undergo a medical examination and provide evidence of passing all necessary background checks. These requirements include:

• Medical Examination: A designated civil surgeon must conduct the medical exam to confirm the applicant meets the health-related criteria for entry into the United States.
• Police Certificates: The applicant must provide police certificates from their country of residence as proof of no criminal history.

Ensuring that you meet all eligibility criteria and submit complete, accurate documentation is key to a successful EB3 Visa application. Every detail, from obtaining the required Labor Certification to providing proof of qualifications, plays an important role in ensuring a smooth and efficient visa application process. By carefully preparing your application, you can improve your chances of securing permanent residency through the EB3 Visa program.

EB3 Visa in the US
How To Get Started

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Frequently Asked Questions (FAQs) – EB3 Visa

1. What is an EB3 Visa, and how does it work?

The EB3 Visa is an employment-based immigrant visa designed for individuals seeking permanent residency in the U.S. through employment. This visa targets three categories of workers:

• Skilled workers: Positions requiring at least two years of experience or training.
• Professionals: Jobs that mandate a bachelor’s degree or its equivalent.
• Unskilled workers: Roles that need less than two years of experience or training.

To apply, the U.S. employer must first obtain labor certification from the Department of Labor (DOL) to confirm that hiring a foreign worker will not negatively impact the U.S. labor market. Once certified, the employer files a petition with U.S. Citizenship and Immigration Services (USCIS) to initiate the visa process.

2. Why should I apply for an EB3 Visa instead of other employment-based visas?

Choosing the EB3 Visa offers distinct benefits, although it may involve longer waiting periods compared to other categories. Here are some key advantages:

• Permanent Residency: The EB3 Visa provides a pathway to a Green Card, allowing individuals to live and work permanently in the U.S.
• Broad Eligibility: It offers opportunities for skilled, professional, and unskilled workers, making it accessible for a wide range of applicants.
• Family Benefits: Immediate family members, including spouses and children under 21, can also obtain permanent residency.

Despite the longer wait times, many applicants pursue the EB3 Visa due to its comprehensive benefits and accessibility.

3. What are the eligibility requirements for the EB3 Visa?

To qualify for an EB3 Visa, applicants must meet the following criteria based on their specific worker category:

• Skilled Workers: At least two years of training or experience relevant to the job.
• Professionals: A bachelor’s degree or its equivalent.
• Unskilled Workers: Less than two years of training or experience required.

Additionally, the U.S. employer must secure labor certification and offer a permanent, full-time job position. Collaborating with an immigration attorney ensures that your qualifications align with the visa requirements and that the employer fulfills all legal obligations.

4. How long does it take to get an EB3 Visa approved?

The processing time for an EB3 Visa can vary significantly due to multiple factors, including:

• Labor Certification: 6 to 9 months
• USCIS Petition Approval: 6 to 12 months
• Visa Bulletin Waiting Period: Varies based on your country and priority date
• Consular Processing (if applicable): 3 to 6 months

Applicants from countries with high demand, such as China or India, may experience longer delays. Working with your employer and legal counsel helps ensure timely submissions, avoiding unnecessary delays.

5. What documents are required for the EB3 Visa application?

A successful EB3 Visa application requires submitting the following key documents:

• Approved PERM labor certification from the DOL
• Form I-140 (Immigrant Petition for Alien Workers)
• Proof of educational qualifications (diplomas, transcripts)
• Employment offer letter from the sponsoring U.S. employer
• Evidence of previous work experience (if applicable)
• Passport copies and visa photographs

Consulting with an immigration attorney ensures that all documents are correctly compiled and submitted without omissions, reducing the risk of delays.

6. What happens if my EB3 Visa application is denied?

If the EB3 Visa application is denied, USCIS will provide a written notice explaining the reasons. Common causes for denial include:

• Incomplete documentation
• Inaccurate labor certification details
• Failure to meet the eligibility criteria

If your application is denied, you can either file a motion to reopen or reapply with a corrected petition. Legal assistance can help assess the denial, prepare a stronger case, or explore alternatives such as filing under another visa category.

7. How much does it cost to apply for an EB3 Visa?

The total cost of applying for an EB3 Visa includes the following fees:

• PERM labor certification filing fee: No cost to the applicant
• Form I-140 filing fee: $700
• Consular processing fee (if applicable): $325
• USCIS Immigrant Fee: $220
• Attorney fees: Typically between $3,000 and $5,000, depending on case complexity

Applicants should also budget for document preparation, medical examinations, and travel expenses. Careful financial planning helps ensure a smooth application process without unexpected delays.

8. Can I change employers while waiting for my EB3 Visa?

While changing employers during the EB3 Visa process is possible, it involves specific requirements:

• If the labor certification and I-140 have been approved, your new employer must file a new petition.
• The priority date from your original application may be retained, reducing waiting time for visa availability.

It is essential to work closely with an immigration attorney when switching employers to avoid complications that could jeopardize your application.

9. What are the most common mistakes when applying for an EB3 Visa, and how can I avoid them?

Some common errors applicants make during the EB3 Visa process include:

• Incorrect or incomplete documents submitted to USCIS
• Inaccurate information in the labor certification application
• Failure to maintain proper communication with the sponsoring employer
• Missed submission deadlines or failure to track visa bulletin updates

To minimize these risks, you should engage with experienced legal counsel, ensuring all documents and applications are properly filed and compliant with USCIS requirements.

10. Why should I hire an attorney to assist with the EB3 Visa process?

An immigration attorney can play a crucial role in ensuring a smooth EB3 Visa process by:

• Verifying the accuracy of forms and documentation
• Helping employers prepare compliant labor certifications
• Providing guidance on priority dates and tracking the visa bulletin
• Assisting with requests for evidence (RFEs) or other USCIS inquiries

Working with an attorney increases your chances of approval and reduces potential issues, allowing you to focus on transitioning to a new life and career in the U.S.

By carefully following these guidelines, both applicants and employers can successfully navigate the EB3 Visa process and achieve their goal of U.S. permanent residency.