The EB3 Green Card is a skilled worker visa available to foreign nationals who have received a job offer from a U.S.-based sponsor. It is designed for individuals who do not meet the qualifications for other employment-based visas, such as the EB2 Green Card for exceptional ability.

The EB3 visa comprises three distinct subcategories:
1. Skilled workers, who possess a minimum of 2 years of training or work experience.
2. Professionals whose positions necessitate a higher degree and a professional license.
3. Other workers, who are engaged in roles for which qualified workers are currently unavailable in the U.S. at the time of the petition (EW-3 Visa).

The Employment-Based Green Card necessitates a PERM Labor Certification from the U.S. Department of Labor (DOL).

Prospective U.S.-based employers are prohibited from directly hiring foreign workers. Initially, they must demonstrate that there are no available workers already residing in the U.S. who can fulfill the position.

For approval, the PERM certification must also undergo a Prevailing Wage Determination. Therefore, your sponsor must substantiate that the job vacancy has been advertised in major local newspapers and relevant agencies.

The DOL may also request access to a detailed record of the recruitment process conducted to fill the position.

If you hold a skilled worker visa, your immediate relatives can join you in the U.S. For skilled workers and professionals, spouses can apply for an E-34 visa. In the same way, eligible unmarried children under 21 years can apply for an E-35 permit.

The eligible spouses of EB3 Visa holders can apply for an Employment Authorization Document (EAD) to seek the right to work in the U.S..

The whole EB3 Green Card processing time may take anywhere from 1 to 3 years. However, applicants from certain countries may wait up to 6 years because of the annual visa cap (Available number of visas for specific country). The processing time for an EB3 visa application varies depending on multiple factors. These factors include the USCIS Center you utilize, your country of origin, and the specifics of your individual application. While processing times can sometimes be as brief as approximately a year, they may also extend to several years, particularly for nationals of India and China who should anticipate longer wait times. For a more accurate estimate regarding the processing time for your specific case, my team and I are available to assist you.

The EB3 visa application entails several associated fees. Below are the fees accurate as of the time of publication. However, they are subject to change, and it’s essential to verify that the fees remain unchanged. Additionally, it’s crucial to discern which fees are borne by the US employer and which are the responsibility of the beneficiary.

I-140 Petition filing fee: $700
DS-261 processing fee: $445

Other fees, such as medical examinations, translations, photocopying, etc., vary on a case-by-case basis.

Numerous forms are integral to the EB3 visa application process, each playing a crucial role in facilitating your immigration journey. Below, we delve into the specifics of these forms, providing essential insights to aid your understanding. My team and I stand ready to furnish additional information about any of these forms and to assist you in their preparation.

Form ETA-9089
Form ETA-9089, the Application for Permanent Employment Certification, is a pivotal document that mandates approval from the Department of Labor before initiating an EB3 visa petition. This form meticulously outlines details concerning the employer, the job position, and the beneficiary. Its primary function is to ensure that the employment of the beneficiary does not adversely affect American workers while guaranteeing fair treatment for the beneficiary upon relocation to the United States. Failure to obtain approval for this form can impede progress in the EB3 visa application process.

Form I-140
Form I-140, the Immigrant Petition for Alien Workers, serves as the petitioner’s formal request for an EB3 visa. USCIS meticulously evaluates the information provided in this form to ascertain the petitioner’s eligibility for the EB3 visa category. The form comprehensively documents details about the petitioner, the beneficiary, and the intended job position.

Form DS-261
Form DS-261, the Online Choice of Address and Agent, is submitted by the beneficiary. This critical form notifies the US Embassy of your intent to initiate the visa application process. The completion of Form DS-261 is a prerequisite for advancing in the visa application process, and confirmation of its submission is required before further steps can be undertaken.

There are numerous documents that may be required throughout the EB3 visa application process. Below is a general list, though the specific documentation needed can vary depending on your individual circumstances. You may not require all of the documents listed below, and you may also find it necessary to include additional documents not mentioned. My team and I are available to assist you in determining which documents would be appropriate for your situation.

It is advisable to maintain a record of all documents submitted. Retain all documents pertaining to your application for a period of up to 3 years, as they may be requested in the event of an audit. Audits can occur randomly, so it’s important for everyone to be prepared.

– Written contract between the U.S. employer and beneficiary
– Valid passports for the beneficiary and any dependents
– Photographs
– Medical and vaccination records
– Academic transcripts
– Previous work experience documentation
– Criminal records
– Certificates of significant awards or honors

There are several requirements for obtaining an EB3 visa, and it’s essential to ensure that you meet all conditions for approval. My team and I are here to assist you in determining your eligibility.

1. Meeting Employment Criteria:
The EB3 visa is available to professionals, skilled workers, and unskilled workers. Professionals are individuals with a bachelor’s degree or equivalent, employed in positions where a bachelor’s degree is typically required. Experience or alternative education cannot substitute for this degree. Skilled workers possess at least two years of job training or experience, while unskilled workers perform roles requiring less than two years of training. Moreover, these positions must be permanent in nature.

2. Absence of Qualified American Workers:

To obtain approval for your EB3 visa, it’s imperative that you do not displace qualified American workers. This entails refraining from accepting a job that could be filled by an American worker. Hence, you must possess an approved labor certification to demonstrate compliance with this requirement. I will provide further details on the labor certification process below.

3. Presence of a Valid Job Offer:

A crucial prerequisite is the existence of a valid job offer from a U.S. employer willing to sponsor the beneficiary. The employer must demonstrate the unavailability of American workers for the position, typically evidenced through the labor certification. Furthermore, the U.S. employer must maintain a bona fide employer-employee relationship with the beneficiary, encompassing the ability to pay wages and provide supervision.

The EB3 visa grants permanent residency (a green card) to qualified individuals. If you are a skilled worker, unskilled worker, or professional, you may be eligible for an EB3 visa. Approximately 40,000 EB3 visas are available each year.

The EB3 visa is a third preference employment visa. Thus, the requirements are less strict than EB1 and EB2 green card visas. However, this may also mean longer wait times. Currently, 28.6% of employment green cards are allocated for EB3 visas, which accounts for about 40,000 EB3 visas granted each year. Additionally, no more than 7% of approved EB3 visas can be allocated to individuals from the same country. This means that if you are applying from a country with many applicants, the wait times may be longer. Nationals from India and China, in particular, should expect longer wait times.

While the fiscal year begins on October 1st, there is no advantage to applying at any time during the year. You can submit an EB3 visa application at any time. The EB3 visa, like most green cards, is valid for 10 years. You can renew the visa if needed at that point.

My team and I would be happy to answer any questions about the EB3 visa. We would also be happy to assist both petitioners and beneficiaries with the EB3 visa application process.