EB3 Visa – Work Visa Guide

The EB3 visa provides an exciting opportunity for individuals to obtain a green card through sponsorship by a U.S. company. To secure a green card, your employer will navigate the labor certificate PERM process.

In this guide, I’ll highlight the key aspects of the EB3 visa process and demonstrate how it can help you achieve permanent residency in the United States.

If you have any questions, don’t hesitate to email me directly at visa@libertyimmiconsultants.com. I’m prompt in responding and eager to assist you.

Overview

1. What is the EB3 Visa?
2. What are the Benefits of the EB3 Visa?
3. What are the EB3 Visa Requirements?
4. What is the EB3 Visa Application Process?
5. What Documents are Needed to Apply for an EB3 Visa?
6. What Forms are Needed to Apply for an EB3 Visa?
7. What are the EB3 Visa Fees?
8. What is the EB3 Visa Processing Time?
9. Conclusion

1. What is the EB3 Visa?

The EB3 visa grants permanent residency (a green card) to qualifying individuals. Whether you are a skilled worker, unskilled worker, or professional, you may be eligible for an EB3 visa, with approximately 40,000 EB3 visas available each year.

The EB3 is a third preference employment visa, which means its requirements are more achievable compared to EB1 and EB2 visas, though it may involve longer wait times. Currently, 28.6% of employment green cards are designated for EB3 visas, amounting to around 40,000 annually. Additionally, a cap ensures that no more than 7% of approved EB3 visas go to applicants from any single country, which can result in longer wait times for applicants from densely populated nations like India and China.

You can apply for an EB3 visa at any time of the year, as the fiscal cycle starting October 1 does not specifically benefit your application timing. The EB3 visa, like most green cards, is valid for ten years and can be renewed as needed.

My team and I are ready to address any inquiries about the EB3 visa and assist both petitioners and beneficiaries through the application process.

2. What are the Benefits of the EB3 Visa?

There are numerous benefits to obtaining an EB3 visa:

• Permanent Residency: Gain U.S. permanent resident status, offering benefits like freedom to change employers and easier travel.
• Less Stringent Requirements: The EB3 visa’s requirements are not as strict as those of the EB1 or EB2 visas, making it accessible to more individuals.
• Bring Family Along: Your spouse and dependent children (unmarried and under 21) can accompany you to the U.S. Your children can attend school, and your spouse can work after obtaining the necessary authorization or green card.

3. What are the EB3 Visa Requirements?

To qualify for an EB3 visa, you must meet several conditions. My team and I can help you determine your eligibility.

Employment Criteria:

• Professionals: Must have a bachelor’s degree or equivalent for jobs that require such credentials, with no substitutions accepted.
• Skilled Workers: Require at least two years of job training or experience.
• Unskilled Workers: Jobs needing less than two years of training, and these positions must be permanent.

No Qualified American Workers:

• You must not displace American workers who could fill the job. You need an approved labor certification to demonstrate this.

Valid Job Offer:

• A U.S. employer must extend a valid job offer, prove no qualified American worker is available for the role, and verify a genuine employer-employee relationship with the beneficiary.

4. What is the EB3 Visa Application Process?

The EB3 visa application involves several steps:

Labor Certification:

• Obtained by the U.S. employer from the Department of Labor, proving no American workers are available for the job and establishing the prevailing wage to be paid to the beneficiary.

I-140 Petition:

• Filed by the U.S. employer with USCIS, providing information about the EB3 category, the petitioner, the beneficiary, and the job, along with financial details.

Form DS-261 and Medical Examination:

• Completed by the beneficiary to inform their U.S. Embassy, followed by a medical exam with an approved doctor to confirm health and vaccination records.

Visa Application and Interview:

• Submission of various documents to the U.S. Embassy followed by scheduling an interview with a consular officer.

Arrival in the United States:

• Upon visa approval, you can enter the U.S. as a permanent resident and start working and living as a green card holder.

5. What Documents are Needed for the EB3 Visa Application Process?

The specific documents required can vary. However, generally, you may need:

• Written contract between the U.S. employer and beneficiary
• Valid passports for the beneficiary and any dependents
• Photographs
• Medical and vaccination records
• Academic and previous work experience records
• Criminal records
• Acknowledgment of significant awards or honors

6. What Forms are Needed for the EB3 Visa Application Process?

Several forms are crucial in the EB3 process:

• Form ETA-9089: Application for Permanent Employment Certification.
• Form I-140: Immigrant Petition for Alien Workers.
• Form DS-261: Online Choice of Address and Agent.

7. What are the EB3 Visa Fees?

The fees associated with the EB3 visa include:

• I-140 Petition filing fee: $700
• DS-261 processing fee: $445
• Other fees: Including medical examination, translations, and photocopying, which can vary.

8. What is the EB3 Visa Processing Time?

The EB3 visa processing time varies based on factors like the USCIS Center, your country of origin, and your individual application. Processing can range from about a year to several years, particularly for applicants from India and China. My team can provide a more precise estimate based on your case.

9. Conclusion

The EB3 visa is your gateway to permanent residency in the U.S. Through this guide, you should now have a comprehensive understanding of the EB3 visa’s benefits, requirements, and application process.

If you have questions or need assistance, please email me at visa@libertyimmiconsultants.com. My team and I are here to help!