EB-3 Visa
Employment-Based Green Card
What is the EB-3 Visa?
The EB-3 visa is an employment-based immigrant visa that allows skilled workers, professionals, and unskilled workers to obtain a U.S. Green Card (permanent residency) through sponsorship by a U.S. employer.
Unlike temporary work visas, the EB-3 visa grants permanent residency, allowing recipients to live and work in the U.S. indefinitely.
Who Qualifies for an EB-3 Visa?
The EB-3 visa is divided into three subcategories:
✅ Skilled Workers
Jobs requiring at least 2 years of training or experience.
The job must not be temporary or seasonal.
Employer must prove that no qualified U.S. workers are available.
✅ Professionals
Jobs requiring at least a U.S. bachelor's degree or foreign equivalent.
The degree must be directly related to the job being offered.
Employer must complete the PERM labor certification process.
✅ Other Workers (Unskilled Workers)
Jobs requiring less than 2 years of experience or training.
Includes positions in industries like hospitality, agriculture, caregiving, and labor-intensive work.
These cases often have longer waiting periods due to visa category limitations.
The EB-3 Visa Process: Step-by-Step
🔹 Step 1: Job Offer from a U.S. Employer
The applicant must secure a permanent, full-time job offer from a U.S. employer.
The employer must agree to sponsor the applicant for the EB-3 green card.
🔹 Step 2: PERM Labor Certification (ETA Form 9089)
The employer must submit a PERM labor certification application to the U.S. Department of Labor (DOL).
This process ensures that no qualified U.S. workers are available to fill the position.
The employer must advertise the job and prove that hiring a foreign worker will not negatively impact U.S. wages.
📌 Processing Time: 6 to 12 months (varies by case).
🔹 Step 3: Filing Form I-140 (Immigrant Petition for Alien Worker)
Once the PERM labor certification is approved, the employer files Form I-140 with USCIS.
This petition proves that:
✅ The employer has the financial ability to pay the offered wage.
✅ The applicant meets the education, experience, or training requirements.
📌 Processing Time: 6 to 12 months (or 15 days with Premium Processing).
🔹 Step 4: Waiting for a Visa Number (Priority Date)
EB-3 visas have annual limits, meaning applicants must wait for a visa number to become available.
Applicants can check their priority date in the Visa Bulletin released by the U.S. Department of State each month.
Some countries (e.g., India, China, Mexico, Philippines) may experience longer wait times due to high demand.
📌 Waiting Time: Varies based on country of birth.
🔹 Step 5: Adjustment of Status (Form I-485) or Consular Processing
Once the visa number is available, the applicant can apply for a green card through one of two methods:
✅ Adjustment of Status (Form I-485): If the applicant is already in the U.S., they can file Form I-485 with USCIS without leaving the country.
✅ Consular Processing: If the applicant is outside the U.S., they must attend a visa interview at a U.S. embassy or consulate in their home country.
📌 Processing Time: 8 to 14 months (depends on USCIS workload and visa availability).
Processing Time for the EB-3 Visa
The total time for an EB-3 visa can range from 1 to 3 years or longer, depending on:
⏳ PERM labor certification (6–12 months)
⏳ I-140 petition (6–12 months or 15 days with premium processing)
⏳ Visa availability (priority date wait times vary by country)
⏳ Green card processing (8–14 months)
Benefits of the EB-3 Visa
✔️ Pathway to a Green Card & U.S. Citizenship (after 5 years of permanent residency)
✔️ Spouses & Children Can Get Green Cards (Spouse eligible for a work permit)
✔️ Live & Work Anywhere in the U.S.
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FAQ Section
❓ Can I self-petition for an EB-3 visa?
✅ No. An employer must sponsor you and file the petition on your behalf.
❓ Can my spouse and children get green cards too?
✅ Yes! Your spouse and unmarried children under 21 can apply for green cards as derivative beneficiaries.
❓ Do I need to have a job offer before applying?
✅ Yes, the U.S. employer must offer you a permanent, full-time job and sponsor your green card.
❓ What happens if I lose my job after getting an EB-3 green card?
✅ If your job was permanent and legitimate, your green card remains valid even if you change employers after approval.