EB-3 Visa

What is EB-3 Visa?

EB-3 visa, also known as the Employment-Based Immigration (Third Preference), is a third priority worker visa is intended for skilled workers, professionals and other workers. The visa is divided into three subcategories:

  • EB-3A: Skilled Workers
  • EB-3B: Professionals
  • EB-3C: Unskilled Workers (Other Workers)
EB-3A: Skilled Workers

Skilled workers must be able to demonstrate at least 2 years of job experience, education or training that meets the job requirements specified on the labor certification. Relevant post-secondary education may be considered as training, but you must be performing work for which qualified workers are not available in the US.

You must obtain an approved labor certification and a full-time job offer from the sponsoring US company is required.

How to Apply
  1. Applicant accepts a job that meets the above requirement
  1. Employer files the Permanent Labor Certification (PERM) – ETA Form 9089 with the US Department of Labor
    Employer certifying that the foreign worker will be paid a fair wage and that the worker’s employment will not adversely impact other employees
  2. Employer files the Immigrant Petition for Alien Worker petition – Form I-140 with the US Citizenship and Immigration Services (USCIS)
    – Request for Premium Processing Service available – Form I-907

  3. Applicant files Application to Register Permanent Residence or Adjust Status – Form I-485 with the USCIS once the I-140 has been approved
    – The USICS will issue an approval notice – Form I-797 if the petition is approved

  4. Attend I-485 interview if you have been invited for an interview
    *USCIS will automatically schedule an interview in the following situations:
    – Legal status and/or identity must be validated
    – Evidence of fraud
    – Applicant has a class A or B medical condition
    – Doubt about the applicant’s qualifications or admissibility
    – Second time the I-485 application was filed

  5. Applicant’s status will automatically switch to legal permanent resident status under the EB-3A green card
Applying from Any Country Outside the US
  1. Applicant accepts a job that meets the above requirement
  2. Employer files the Permanent Labor Certification (PERM) – ETA Form 9089 with the US Department of Labor
    Employer certifying that the foreign worker will be paid a fair wage and that the worker’s employment will not adversely impact other employees
  3. Employer files the Immigrant Petition for Alien Worker petition – Form I-140 with the US Citizenship and Immigration Services (USCIS)
    – Request for Premium Processing Service available – Form I-907

  4. Applicant applies for the visa by filing an Online Immigrant Visa Application – DS-260 once the I-140 has been approved
    The USICS will issue an approval notice – Form I-797 if the petition is approved
  1. Schedule an appointment for an EB-3A visa interview with the US Embassy or Consulate
    – All applicants between 13 – 80 years old are required to have an interview
  1. Enter US and work for the sponsoring employer once the visa has been approved
EB-3B: Professional

Applicants who hold at least a US bachelor’s degree, or a foreign equivalent, and who are members of the profession can apply for this category. Bachelor’s degree must be a normal requirement for entry into the applicant’s occupation and the education and experience may not be substituted for a bachelor’s degree.

You must obtain an approved labor certification and a full-time job offer from the sponsoring US company is required.

How to Apply
  1. Applicant accepts a job that meets the above requirement
  1. Employer files the Permanent Labor Certification (PERM) – ETA Form 9089 with the US Department of Labor
    Employer certifying that the foreign worker will be paid a fair wage and that the worker’s employment will not adversely impact other employees
  2. Employer files the Immigrant Petition for Alien Worker petition – Form I-140 with the US Citizenship and Immigration Services (USCIS)
    – Request for Premium Processing Service available – Form I-907

  3. Applicant files Application to Register Permanent Residence or Adjust Status – Form I-485 with the USCIS once the I-140 has been approved
    – The USICS will issue an approval notice – Form I-797 if the petition is approved

  4. Attend I-485 interview if you have been invited for an interview
    *USCIS will automatically schedule an interview in the following situations:
    – Legal status and/or identity must be validated
    – Evidence of fraud
    – Applicant has a class A or B medical condition
    – Doubt about the applicant’s qualifications or admissibility
    – Second time the I-485 application was filed

  5. Applicant’s status will automatically switch to legal permanent resident status under the EB-3B green card
Applying from Any Country Outside the US
  1. Applicant accepts a job that meets the above requirement
  2. Employer files the Permanent Labor Certification (PERM) – ETA Form 9089 with the US Department of Labor
    Employer certifying that the foreign worker will be paid a fair wage and that the worker’s employment will not adversely impact other employees
  3. Employer files the Immigrant Petition for Alien Worker petition – Form I-140 with the US Citizenship and Immigration Services (USCIS)
    – Request for Premium Processing Service available – Form I-907

  4. Applicant applies for the visa by filing an Online Immigrant Visa Application – DS-260 once the I-140 has been approved
    The USICS will issue an approval notice – Form I-797 if the petition is approved
  1. Schedule an appointment for an EB-3B visa interview with the US Embassy or Consulate
    – All applicants between 13 – 80 years old are required to have an interview
  1. Enter US and work for the sponsoring employer once the visa has been approved
EB-3C: Unskilled Workers (Other Workers)

Applicants for this category must be able to demonstrate that they are capable of performing the job which requires less than 2 years training or experience and that work is not of a temporary or seasonal nature. Unlike the other two categories, EB-3C visa is limited to no more than 10,000 visas per year.

You must obtain an approved labor certification and a full-time job offer from the sponsoring US company is required.

How to Apply
  1. Applicant accepts a job that meets the above requirement
  1. Employer files the Permanent Labor Certification (PERM) – ETA Form 9089 with the US Department of Labor
    Employer certifying that the foreign worker will be paid a fair wage and that the worker’s employment will not adversely impact other employees
  2. Employer files the Immigrant Petition for Alien Worker petition – Form I-140 with the US Citizenship and Immigration Services (USCIS)
    – Request for Premium Processing Service available – Form I-907

  3. Applicant files Application to Register Permanent Residence or Adjust Status – Form I-485 with the USCIS once the I-140 has been approved
    – The USICS will issue an approval notice – Form I-797 if the petition is approved

  4. Attend I-485 interview if you have been invited for an interview
    *USCIS will automatically schedule an interview in the following situations:
    – Legal status and/or identity must be validated
    – Evidence of fraud
    – Applicant has a class A or B medical condition
    – Doubt about the applicant’s qualifications or admissibility
    – Second time the I-485 application was filed

  5. Applicant’s status will automatically switch to legal permanent resident status under the EB-3C green card
Applying from Any Country Outside the US
  1. Applicant accepts a job that meets the above requirement
  2. Employer files the Permanent Labor Certification (PERM) – ETA Form 9089 with the US Department of Labor
    Employer certifying that the foreign worker will be paid a fair wage and that the worker’s employment will not adversely impact other employees
  3. Employer files the Immigrant Petition for Alien Worker petition – Form I-140 with the US Citizenship and Immigration Services (USCIS)
    – Request for Premium Processing Service available – Form I-907

  4. Applicant applies for the visa by filing an Online Immigrant Visa Application – DS-260 once the I-140 has been approved
    The USICS will issue an approval notice – Form I-797 if the petition is approved
  1. Schedule an appointment for an EB-3C visa interview with the US Embassy or Consulate
    – All applicants between 13 – 80 years old are required to have an interview
  1. Enter US and work for the sponsoring employer once the visa has been approved