EB3 Visa Guide: Discover everything you need to know about the EB3 visa, including eligibility requirements, application steps, costs, processing times, and how to bring your family. Get a step-by-step guide to securing your U.S. green card through employment.

EB3 Visa Guide: Requirements, Application Steps & Eligibility Criteria

The EB3 visa, also known as the Third Priority Worker visa, allows eligible foreign nationals to obtain permanent residency in the United States through employment. This visa is designed for three categories of workers:

• Skilled workers – Those with at least two years of job experience or specialized training.
• Professionals – Individuals who hold at least a bachelor’s degree or its foreign equivalent.
• Unskilled workers – Those with less than two years of work experience or training (they receive an EW-3 visa).

Each year, approximately 40,040 EB3 visas are allocated from the 140,000 employment-based immigrant visas available. Once the quota is met, remaining applicants must wait until the next fiscal year for processing.

EB3 Visa Overview

The following table provides a summary of the key aspects of the EB3 visa:

Key Takeaways

• The EB3 visa is for skilled, professional, and unskilled workers seeking permanent U.S. residency.
• A valid job offer and labor certification (PERM) from a U.S. employer are required.
• The processing time varies from 1 to 6+ years, depending on the priority date and visa backlog.
• Spouses and unmarried children under 21 can also obtain visas to accompany the EB3 visa holder.
• The EB3 visa has an annual quota of 40,040 visas.

EB3 Visa Eligibility Criteria

To qualify for an EB3 visa, both the applicant and the employer must meet certain requirements.

For the Foreign Worker (Applicant):

• Must have a valid and permanent job offer from a U.S. employer.
• Must possess the required qualifications based on their category:
  • Skilled workers – At least two years of job experience or specialized training.
  • Professionals – A bachelor’s degree or foreign equivalent.
  • Unskilled workers – Less than two years of experience/training.

For the U.S. Employer:

• Must demonstrate the inability to find a qualified U.S. worker for the job.
• Must prove financial stability to pay the foreign worker’s wages and afford sponsorship.

EB3 Visa Application Process

The EB3 visa application involves multiple steps, requiring both employer and employee participation.

Step 1: Employer’s Responsibilities

1. Obtain a Labor Certification (PERM)
   • Submit ETA Form 9089 to the U.S. Department of Labor (DOL).
   • Prove that no qualified U.S. workers were available for the job.
   • Ensure the foreign worker will be paid the prevailing wage.
2. File Form I-140 (Immigrant Petition for Alien Worker)
   • Submit Form I-140 to USCIS.
   • Provide supporting financial documents (tax returns, audits, etc.).
   • Await USCIS processing and approval.
3. Wait for the Priority Date to Become Current
   • Due to the annual visa cap, processing times may vary.
   • The National Visa Center (NVC) will issue a case number once the application is ready for further processing.

Step 2: Employee’s Responsibilities

1. Complete Form DS-261 (Choice of Address and Agent)
2. Undergo a Medical Examination and Obtain Vaccinations
3. Prepare Supporting Documents
4. Attend the EB3 Visa Interview
5. Receive the Visa and Travel to the U.S.

Required Documents for EB3 Visa

Applicants must provide the following documents:

• Valid passport (must be valid for at least six months beyond the intended entry date)
• Official job offer from a U.S. employer
• Approved labor certification
• Form I-140 approval notice
• Visa sponsorship letter
• DS-261 confirmation page
• Medical examination results and vaccination records
• Two passport-sized photos (as per U.S. visa photo guidelines)
• Academic qualifications (degrees, diplomas, and certificates)
• Resume/CV
• Criminal and court records (if applicable)

Additional documents may be required by the NVC based on individual cases.

EB3 Visa Fees

The cost of obtaining an EB3 visa varies depending on the employer and employee’s responsibilities. Below is an estimated cost breakdown:

EB3 Visa Processing Time

The EB3 visa processing time can vary widely based on country of origin and visa backlog. The approximate timeline is:

• 1 to 3 years in normal cases.
• 6+ years if priority dates are backlogged.

Applicants are encouraged to track their priority date through the Visa Bulletin published by the U.S. Department of State.

Bringing Family Members on EB3 Visa

EB3 visa holders can bring their spouse and unmarried children under 21 to the U.S.:

• Spouse: Eligible for E-34 (skilled/professional workers) or EW-4 (unskilled workers).
• Children: Can apply for E-35 (skilled/professional workers) or EW-5 (unskilled workers).

Spouses can apply for a Work Authorization (EAD) to legally work in the U.S.

Other Employment-Based Visas

Besides the EB3 visa, there are several other employment-based immigrant visa options:

Conclusion to EB3 visa guide

The EB3 visa is an excellent pathway to U.S. permanent residency for skilled, professional, and unskilled workers. While the process involves multiple steps and employer sponsorship, it provides long-term career opportunities in the United States. However, applicants should be prepared for potential delays due to visa backlogs.

FAQs

1. Can I apply for an EB3 visa without an employer?

No, an EB3 visa requires a valid job offer from a U.S. employer.

2. How long does it take to get an EB3 visa?

Processing times vary from 1 to 6+ years, depending on the visa backlog.

3. Can my spouse work in the U.S. on an EB3 visa?

Yes, your spouse can apply for an Employment Authorization Document (EAD).

4. Can I change jobs after receiving an EB3 visa?

Generally, you must work for your sponsoring employer for a reasonable period before switching jobs.

5. Is premium processing available for EB3 visas?

Yes, premium processing is available for Form I-140 at an additional fee of $2,500.