EB - 3 Visa

Overview

The EB-3 Visa is a category of employment-based immigrant visa under the United States immigration system. It is designed for foreign workers seeking permanent residency in the U.S. through employment opportunities that require less advanced qualifications compared to the EB-2 or EB-1 categories. The EB-3 Visa is divided into three subcategories: EB-3A for skilled workers, EB-3B for professionals, and EB-3C for other workers.

Definition

The EB-3 Visa provides a pathway for foreign nationals to obtain permanent residency in the U.S. by accepting job offers for positions that require a lower level of education, skills, or expertise than those typically sought in the EB-2 or EB-1 categories.

Benefits

Job Opportunities:  The EB-3 Visa allows foreign workers to pursue a range of job opportunities in various industries.
Family Sponsorship:  Immediate family members (spouse and unmarried children under 21) of EB-3 Visa holders can also apply for permanent residency.
Permanent Residency:  Successful applicants can become permanent residents of the United States.
Travel and Work Authorization:  While waiting for the visa to be approved, some EB-3 applicants may be eligible for temporary work and travel permits.

Requirements

EB-3A - Skilled Workers: Applicants must have at least two years of job experience or training and a job offer from a U.S. employer.
EB-3B - Professionals: Applicants need a U.S. bachelor's degree or its foreign equivalent and a job offer from a U.S. employer.
EB-3C - Other Workers: This category is for unskilled workers who perform jobs that require less than two years of training or experience.

Application Process

Labor Certification:  In most cases, the employer must obtain a labor certification from the U.S. Department of Labor (DOL) to prove that there are no qualified U.S. workers available for the position.
Form I-140:  After receiving the approved labor certification, the employer files Form I-140, Immigrant Petition for Alien Worker, with the U.S. Citizenship and Immigration Services (USCIS).
Priority Date:  The applicant's priority date (the filing date of Form I-140) establishes their place in the visa queue, as visa numbers are subject to annual limits.
Visa Number Availability:  Once the priority date becomes current based on the Visa Bulletin issued by the U.S. Department of State, the applicant can proceed to the final stage.
Adjustment of Status or Consular Processing:  Depending on whether the applicant is in the U.S. or abroad, they can either apply for Adjustment of Status (Form I-485) or go through consular processing at a U.S. embassy or consulate.

It's important to note that the EB-3 Visa category often experiences long waiting times due to the high demand and visa number limitations. Consulting with an experienced immigration attorney is advisable to navigate the application process effectively.