EB-3 Visa

The EB-3 visa is a U.S. employment-based immigrant visa category, specifically for skilled workers, professionals, and unskilled workers. It is a part of the U.S. permanent residency process and allows foreign nationals to work and live in the United States permanently. Here’s an overview of the EB-3 visa process:

1. Eligibility Criteria

Skilled Workers: Must have at least two years of job experience or training.

Professionals: Must possess at least a U.S. bachelor’s degree or a foreign equivalent.

Unskilled Workers (EB-3C): For jobs that require less than two years of experience or training.

2. PERM Labor Certification

Before filing the EB-3 visa petition, the employer must obtain a PERM Labor Certification from the U.S. Department of Labor (DOL). This step verifies that:

There are no qualified U.S. workers for the position.

Hiring a foreign worker won’t negatively impact the wages and working conditions of U.S. workers.

The employer is responsible for advertising the position and completing recruitment efforts to meet DOL requirements.

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

Once the PERM certification is approved, the employer files Form I-140 with U.S. Citizenship and Immigration Services (USCIS).

This petition confirms the job offer, the worker’s qualifications, and the employer’s ability to pay the offered wage.

4. Priority Date

The priority date is the date USCIS receives the Form I-140 petition. This date is crucial because of the limited number of EB-3 visas available annually. Applicants wait for their priority date to become current, meaning that visas are available in their category.

5. Waiting for Visa Bulletin

The U.S. Department of State publishes a monthly Visa Bulletin, showing which priority dates are current based on applicants’ country of origin and category.

When the priority date becomes current, applicants can proceed with the next steps.

6. Consular Processing or Adjustment of Status

If the applicant is outside the U.S., they proceed with consular processing through a U.S. embassy or consulate.

After an interview, the applicant receives an immigrant visa.

If the applicant is already in the U.S. in valid non-immigrant status, they can apply for adjustment of status by filing Form I-485.

7. Receive Green Card

Upon approval of the consular processing or adjustment of status, the applicant receives permanent residency (green card), allowing them to live and work in the U.S.

Processing Times and Challenges

The overall processing time for the EB-3 visa varies based on the applicant’s country of origin and visa category. It may take several years due to backlog.

There are strict requirements and documentation standards for each step, and any error or delay in submission can impact processing times.