Are you looking to work and live in the United States permanently? The EB 3 visa might be the perfect option for you. This employment-based immigrant visa is available to skilled workers, professionals, and unskilled workers, providing a pathway to permanent residency in the U.S. With an EB 3 visa, you can bring your family, enjoy the benefits of a green card, and take advantage of the opportunities the U.S. has to offer.
In this guide, we’ll explore what the EB 3 visa is, who qualifies, and how you can apply.
What is an EB 3 Visa?
The EB 3 visa is an employment-based immigrant visa that allows foreign workers to live and work in the United States permanently. This visa is divided into three subcategories:
Skilled Workers: For individuals whose jobs require at least two years of training or work experience. These positions must not be temporary or seasonal.
Professionals: For individuals holding a U.S. bachelor’s degree or a foreign equivalent and whose jobs require such a degree.
Unskilled Workers (Other Workers): For individuals capable of filling positions that require less than two years of training or experience and are not temporary or seasonal.
The EB 3 visa is designed to help U.S. employers fill positions for which there are not enough qualified American workers. Each year, approximately 40,000 EB 3 visas are available, making it a popular choice for many foreign workers seeking permanent residency in the United States.
Eligibility Criteria for EB 3 Visa
Skilled Workers
To qualify as a skilled worker under the EB 3 visa category, you must meet the following requirements:
Job Experience or Training: You must have at least two years of job experience or training in your field. This experience should be relevant to the position you are being offered.
Permanent Position: The job you are offered must be permanent and not of a temporary or seasonal nature.
Labor Certification: Your U.S. employer must obtain an approved labor certification from the Department of Labor, proving that there are no qualified U.S. workers available for the position.
Professionals
To qualify as a professional under the EB 3 visa category, you must meet these requirements:
Bachelor’s Degree: You must hold at least a U.S. bachelor’s degree or a foreign equivalent degree. The degree must be in a field related to the job you are being offered.
Job Offer: You must have a job offer from a U.S. employer for a position that requires a bachelor’s degree.
Labor Certification: Your employer must obtain an approved labor certification from the Department of Labor, demonstrating that no qualified U.S. workers are available for the job.
Unskilled Workers (Other Workers)
To qualify as an unskilled worker under the EB 3 visa category, you must meet these requirements:
Less than Two Years of Experience: You must be capable of performing unskilled labor that requires less than two years of training or experience.
Permanent Position: The job you are offered must be permanent and not of a temporary or seasonal nature.
Labor Certification: Your U.S. employer must obtain an approved labor certification from the Department of Labor, showing that there are no qualified U.S. workers available for the position.
By meeting the eligibility criteria for one of these subcategories, you can take the next steps toward obtaining an EB 3 visa and achieving permanent residency in the United States.
How to Apply for an EB 3 Visa
Applying for an EB 3 visa involves several steps. Here’s a detailed guide to help you through the application process:
Step 1: Obtain Labor Certification
The first step is for your U.S. employer to obtain labor certification from the Department of Labor (DOL). This process involves proving that there are no qualified U.S. workers available for the position. Your employer must:
File Form ETA-9089: This form includes information about the job, the employer, and your qualifications.
Prevailing Wage Determination: Your employer must obtain a prevailing wage determination to ensure that the wage offered meets the DOL standards.
Recruitment Efforts: Your employer must demonstrate that they have made genuine efforts to recruit U.S. workers for the position through advertising and other means.
Step 2: File Form I-140, Immigrant Petition for Alien Worker
Once the labor certification is approved, your employer will file Form I-140 with the U.S. Citizenship and Immigration Services (USCIS). This form establishes your eligibility for the EB 3 visa. The petition must include:
Approved Labor Certification: The approved labor certification from the DOL.
Proof of Qualifications: Documentation of your job experience, education, and any relevant training.
Employer’s Financial Information: Evidence that your employer can pay the offered wage, such as tax returns or financial statements.
Step 3: Wait for Visa Availability
After your I-140 petition is approved, you must wait for an immigrant visa number to become available. The availability of visa numbers is determined by the Visa Bulletin, published monthly by the U.S. Department of State. Your priority date (the date your I-140 petition was filed) must be current for you to proceed.
Step 4: Apply for an Immigrant Visa or Adjust Status
Depending on whether you are inside or outside the United States, you will take one of the following steps:
If Outside the U.S.: Apply for an immigrant visa at a U.S. Embassy or Consulate in your home country. This involves submitting Form DS-260 and attending a visa interview.
If Inside the U.S.: File Form I-485, Application to Register Permanent Residence or Adjust Status, with USCIS. This form adjusts your status from a nonimmigrant visa holder to a lawful permanent resident.
Step 5: Attend the Visa Interview or Biometrics Appointment
You will be scheduled for a visa interview (if outside the U.S.) or a biometrics appointment (if inside the U.S.). During the interview, a consular officer will review your application and supporting documents. If applying from within the U.S., USCIS will take your fingerprints and conduct a background check.
Step 6: Receive Your Green Card
If your application is approved, you will receive your immigrant visa or green card, allowing you to live and work permanently in the United States.
What are the Advantages of the EB 3 Visa?
The EB 3 visa offers several benefits for foreign workers and their families:
Path to Permanent Residency
One of the primary advantages of the EB 3 visa is that it grants you and your family lawful permanent resident status in the United States. As a green card holder, you can live and work permanently in the U.S.
Less Stringent Requirements
Compared to other employment-based visas, the EB 3 visa has less stringent requirements. This makes it accessible to a broader range of applicants, including skilled workers, professionals, and unskilled workers.
Family Benefits
Your spouse and unmarried children under 21 can also obtain green cards as your dependents. They will enjoy the same benefits and rights as you, including the ability to live, work, and study in the United States.
Job Flexibility
Once you have your green card, you have greater flexibility to change jobs or employers. You are not tied to the employer who sponsored your EB 3 visa, giving you the freedom to pursue new opportunities.
Path to Citizenship
As a green card holder, you are on the path to U.S. citizenship. After holding your green card for five years, you can apply for naturalization and become a U.S. citizen, gaining the full rights and privileges of citizenship.
Common Challenges and How to Overcome Them
Gathering Sufficient Documentation
One of the most common challenges in the EB 3 visa application process is gathering sufficient documentation to prove your qualifications and the legitimacy of the job offer. To overcome this:
Stay Organized: Keep a checklist of all required documents and gather them well in advance.
Seek Professional Help: Consider consulting an immigration lawyer who can help you ensure that your documentation is complete and accurate.
Labor Certification Process
The labor certification process can be complex and time-consuming. Your employer must demonstrate that they have made genuine efforts to recruit U.S. workers. To navigate this:
Communicate with Your Employer: Ensure that your employer understands the requirements and follows all necessary steps.
Document Recruitment Efforts: Make sure your employer keeps detailed records of all recruitment efforts, including advertisements and interview records.
Visa Availability and Priority Dates
Visa availability can be a significant challenge, especially for applicants from countries with high demand. To manage this:
Monitor the Visa Bulletin: Regularly check the Visa Bulletin to stay informed about the availability of visa numbers and your priority date.
Be Patient: Understand that waiting times can vary, and be prepared for possible delays.
Meeting Financial Requirements
Your employer must demonstrate their ability to pay your wage. To address this:
Provide Comprehensive Financial Documents: Ensure that your employer includes detailed financial statements, tax returns, and other relevant documents with the I-140 petition.
By anticipating these challenges and taking proactive steps to address them, you can improve your chances of a successful EB 3 visa application and move closer to achieving permanent residency in the United States.
How Do Family Members Benefit from the EB 3 Visa?
One of the great benefits of the EB 3 visa is that it allows your immediate family members to join you in the United States. Here’s how your family can also benefit from your EB 3 visa approval:
Eligibility for Family Members
Your spouse and unmarried children under the age of 21 are eligible to apply for derivative visas, which means they can receive green cards based on your approved EB 3 visa petition. This allows them to live, work, and study in the United States.
Application Process for Family Members
If Outside the U.S.
Consular Processing: Your family members will need to apply for their immigrant visas at a U.S. Embassy or Consulate in their home country.
Form DS-260: Each family member must complete and submit Form DS-260, Immigrant Visa and Alien Registration Application.
Medical Examination and Interview: Your family members will need to undergo a medical examination and attend an interview at the U.S. Embassy or Consulate.
If Inside the U.S.
Adjustment of Status: If your family members are already in the United States, they can apply to adjust their status to permanent residents.
Form I-485: They will need to file Form I-485, Application to Register Permanent Residence or Adjust Status, with USCIS.
Rights and Benefits for Family Members
Once approved, your spouse and children will receive their green cards, granting them the same rights and privileges as you, including:
Right to Live and Work: They can live and work permanently in the United States.
Access to Education: Your children can attend U.S. schools and universities.
Travel Flexibility: They can travel in and out of the United States with fewer restrictions.
By including your family in your EB 3 visa application, you can ensure that your loved ones can join you in the United States and benefit from the opportunities and stability that come with permanent residency.
Secure Your Residency: Begin the EB 3 Visa Process Today
The EB 3 visa provides a valuable pathway for skilled workers, professionals, and unskilled workers to achieve permanent residency in the United States. This visa offers several advantages, including less stringent requirements compared to other employment-based visas, the ability to bring your family, and the opportunity to live and work in the U.S. permanently.
Understanding the eligibility criteria, following the application steps carefully, and addressing any challenges that arise are crucial for a successful EB 3 visa application. The benefits of this visa extend to your spouse and children, allowing them to join you and enjoy a stable and prosperous life in the United States.
By preparing thoroughly and seeking professional advice when needed, you can make the most of the EB 3 visa opportunity. This visa not only opens doors to a new life in the U.S. but also sets the stage for your future success and eventual path to U.S. citizenship.
