EB-3 Visa

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EB-3 Visa (EB3 Green Card)

What is an EB-3 Visa?

An EB-3 visa is a type of employment-based immigrant visa category in the United States. It is designed for foreign nationals who seek to immigrate to the U.S. for the purpose of permanent employment. The EB-3 visa category is divided into three subcategories, each with its own eligibility requirements:

  1. EB-3A  Skilled Workers: This category is for foreign workers with at least two years of job experience or training in a specific skilled occupation. The job offered must require this level of skill, and the employer must demonstrate that they have been unable to find qualified U.S. workers to fill the position.
  2. EB-3B Professionals with Bachelor’s Degrees: This category is for foreign nationals who hold a U.S. bachelor’s degree or its foreign equivalent and who have a job offer in a profession that requires at least a bachelor’s degree. The employer must demonstrate that they have been unable to find qualified U.S. workers for the position.
  3. EB-3C  Unskilled or Other Workers: This category is for foreign nationals with less than two years of job experience or training in a specific occupation that is not considered skilled or professional. It includes positions that require less formal education or training. The employer must demonstrate that they have been unable to find qualified U.S. workers for the position.

EB-3 Visa Requirements:

The requirements for an EB-3 visa, which is an employment-based immigrant visa category in the United States, vary depending on the specific subcategory under which you are applying. Here are the general requirements for each subcategory:

  1. EB-3A – Skilled Workers:
    • Job Offer: You must have a job offer from a U.S. employer for a position that requires at least two years of job experience or training in a specific skilled occupation.
    • Experience or Training: You should have at least two years of relevant job experience or training in the skilled occupation.
    • Labor Certification: Your employer must obtain a labor certification from the U.S. Department of Labor (DOL) to demonstrate that there are no qualified U.S. workers available for the position.
  2. EB-3B – Professionals with Bachelor’s Degrees:
    • Job Offer: You must have a job offer from a U.S. employer for a position that requires at least a U.S. bachelor’s degree or its foreign equivalent.
    • Education: You should possess a U.S. bachelor’s degree or its foreign equivalent in a field related to the job.
    • Labor Certification: Your employer must obtain a labor certification from the DOL to show that there are no qualified U.S. workers available for the position.
  3. EB-3C – Unskilled or Other Workers:
    • Job Offer: You must have a job offer from a U.S. employer for an unskilled or other position that does not require advanced education or training.
    • Experience or Training: While not specifically required, you should be able to demonstrate that you have the experience or training necessary to perform the job.
    • Labor Certification: Your employer must obtain a labor certification from the DOL to prove that there are no qualified U.S. workers available for the position.

In addition to these general requirements, there are several key points to keep in mind:

  • The employer plays a crucial role in the EB-3 visa process, as they must sponsor you and go through the labor certification process to demonstrate the lack of qualified U.S. workers.
  • There are annual numerical limits on the number of visas issued in the EB-3 category, which can result in waiting periods.
  • Documentation, including proof of education, experience, and labor certification, is essential to support your EB-3 visa application.
  • The specific requirements and procedures may change over time, so it’s crucial to consult the official USCIS website or seek legal advice when applying for an EB-3 visa to ensure you meet all the necessary criteria.

EB-3 Visa Labor Certification Process:

The Labor Certification process is a crucial step in the application process for certain employment-based immigrant visas, including the EB-2 and EB-3 visa categories. The Labor Certification process is designed to protect the U.S. job market by ensuring that there are no qualified U.S. workers available for a specific job position before an employer sponsors a foreign worker for permanent residency. Below are the key steps involved in the Labor Certification process for EB visas:

  1. Determination of Job Requirements:
      • The U.S. employer must determine the job requirements for the position they intend to fill with a foreign worker.
      • The employer should clearly define the job duties, educational qualifications, experience, and skills required for the position.
  1. Recruitment:
      • The employer is required to conduct recruitment efforts to test the U.S. labor market. This typically involves advertising the job opening in various mediums to attract qualified U.S. workers.
      • Recruitment efforts often include placing advertisements in local newspapers, posting the job on the employer’s website, and using state workforce agencies.
      • The employer may also be required to engage in other recruitment methods, such as job fairs or job postings with relevant professional organizations.
  1. Prevailing Wage Determination:
      • The employer must request a prevailing wage determination (PWD) (Form ETA 9141) from the U.S. Department of Labor (DOL).
      • The PWD specifies the minimum wage that must be offered to the foreign worker for the position, ensuring that the offered wage does not undercut the local labor market.
    1. Filing the Labor Certification Application ( Form ETA 9089):
      • After completing the recruitment process and obtaining the PWD, the employer files a Labor Certification Application, often referred to as Form ETA 9089, with the DOL.
      • The application includes detailed information about the job position, recruitment efforts, and the foreign worker’s qualifications.
  1. DOL Review and Certification:
      • The DOL reviews the Labor Certification Application to ensure that the recruitment process was conducted properly and that there are no qualified U.S. workers available for the job.
      • If the DOL approves the application, it issues a Labor Certification, certifying that there is a labor shortage for the specific position.

USCIS Processing:

The processing time for an EB-3 visa through U.S. Citizenship and Immigration Services (USCIS) can vary depending on several factors, including your country of origin, the specific USCIS service center handling your case, and the current caseload. Here is an overview of the general steps and processing times for an EB-3 visa through USCIS:

  1. Form I-140 Petition: The first step is to file an Immigrant Petition for Alien Worker (Form I-140) with USCIS. This form is typically filed by your U.S. employer, and it establishes your eligibility for the EB-2 category. USCIS will review the petition to ensure that you meet the eligibility criteria.
      • Processing time: USCIS processing times for Form I-140 can vary but generally range from several months to over a year. You can check the USCIS website for current processing time estimates for your specific service center.
  2. Premium Processing (Optional): USCIS offers a premium processing service for certain visa categories, including the EB-3. For an additional fee, USCIS will expedite the processing of your Form I-140 within 15 calendar days (as opposed to approximately 6-9 months with standard processing).

Priority Date & Visa Bulletin:

  • Visa Bulletin: After USCIS approves your Form I-140, your priority date (the date of filing your petition) becomes important. You must wait for a visa number to become available based on the Visa Bulletin published by the U.S. Department of State. The availability of visa numbers depends on your visa category and country of chargeability.

Consular Processing:

If the alien does not live in the U.S., they will have to submit:

        • The DS-260 Immigrant Visa Application,
        • Supporting documents,  and
        •  Attend an interview with the U.S. Consulate in their country.  

Upon approval, the alien will be able to enter the U.S. as a permanent resident.

Adjustment of Status:

If the alien already lives in the U.S. they will have to submit a Form  I-485 ( Application for Adjustment of Status). Upon approval, they will have permanent resident status in the U.S.

Important Links for Related Visas:

Please click the links below to learn the details about other work visas.

Immigrant Visas:

  1.  EB-1 Visas  (Employment-Based First Preference)
  2.  EB-2 Visas (Employment-Based Second Preference)
  3.  EB-3 Visas (Employment-Based Third Preference) 
  4.  EB-4 Visas (Employment-Based Four Preference)

Non-immigrant Temporary Work Visas:

  1. H-1B Visas (Workers in a specialty occupation)
  2. R1 Visas (Religious workers)
  3. L-1A Visas (Intracompany transferees in managerial or executive positions)
  4. L-1B Visas (Intracompany transferees in positions utilizing specialized knowledge)
  5. TN Visas (North American Free Trade Agreement (NAFTA) temporary professionals from Mexico and Canada)

Our Expertise and Services:

Assessing Eligibility: Our skilled attorneys and paralegals will evaluate your eligibility and guide you through the various options available to bring your family members to the United States. We talk in different languages for your comfort like English, Bangla, Hindi & Urdu.
Document Preparation: We assist you in gathering the required documentation, ensuring that all forms and supporting evidence are accurately completed and submitted in a timely manner.
Petition Filing: Our team will handle the preparation, filing, and tracking of your family visa petition, advocating for your loved one’s immigration rights at every step of the process.
Communication and Representation: We communicate with relevant immigration authorities on your behalf, responding to any requests for additional evidence or interviews, and providing legal representation throughout the proceedings.

Follow-up Assistance:

After the visa is approved, we offer guidance on the next steps, including adjustment of status or consular processing, to help your family members smoothly transition to life in the United States.

At Mehran Law, We understand the importance of keeping families together, no matter where they come from. Our dedicated team of experienced immigration attorneys and paralegals will be navigating the complex process of USA family visas, ensuring that you can bring your loved ones closer to you.

Immigration Law can vary from person to person and also be very complex. You should always contact an experienced immigration attorney before filing a petition or making a decision. Contact us at 470-800-9213 or [email protected] for a free consultation.

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