EB3 Visa Process

EB3 Visa Process

The EB-3 Visa (Green Card sponsorship) Application Process

The application process for an EB-3 Green Card requires sponsorship from a U.S. employer.  As such, the foreign worker needs a permanent, full-time offer for a job position for which qualified workers are not available in the United States. The EB-3 application process involves three major steps:

  • The PERM Labor Certification process

  • The I-140 Immigrant Petition for Alien worker

  • The application for adjustment of status or, alternatively, the application for an immigrant visa at a U.S. consulate abroad.

Employer Actions

Submit an application to the USCIS

Apply to DOL for Labor certification

( ETA Form 9089)

You must first find an employer and a permanent job offer in the United States.

Your level of education and work experience should be commensurate with the job position you find.

The employer must prove that he/she could not find an appropriate and qualified employee among US citizens.

Employee Actions

Complete and submit the Form DS-261 to Consular Electronic Application Center (CEAC)

Perform medical examinations and vacciantions

Participate in a interview

Prepare documents

Receive NVC package and travel to the USA

EB3 Visa Process

01. PERM Labor Certification

(Total around 10 month processing time)

The process of obtaining permission from U.S. Department of Labor (DOL) to hire foreign workers by proving that no qualified US citizens or permanent residents are available for the job that the employer intends to fill within the United States. It is only after they try and fail to hire a U.S. worker, that the U.S. employer can sponsor a foreign worker for a green card. Once the U.S. employer successfully goes through the PERM process, they receive a labor certification from the U.S. Department of Labor. Getting an approved labor certification is required for the employer to sponsor a foreign worker under the EB3 visa. This process usually takes about 10 months.

  • Workers conditions

    To obtain the Labor Certification (LC), the job offered by the employer to a foreign worker must meet the following conditions: it should be a full-time position, not temporary; it must apply the same conditions to Americans as to foreigners (no preferential or disadvantageous conditions for foreigners); and it must meet the prevailing wage requirement.

02. The I-140 Immigrant Petition

(6-9 month, 15 day premium processing available)

The second step in an EB-3 Green Card application is for the employer to file the I-140 Immigrant Petition with USCIS along with the certified PERM/Labor Certification Application. The purpose of the I-140 Petition is to prove that the foreign national is qualified to fill the job position as well as to prove that the employer has the financial ability to pay the proffered wage to the foreign national. USCIS can take several months to adjudicate the I-140 Petition.

  • Premium Process

    USCIS can adjudicate the Petition via “premium processing” within 15 calendar days, with additional fee $2,850.
  • Concurrent Filing

    One of the benefits of an adjustment of status is that, if your priority date is current, you can concurrently file your form I-485 (adjustment of status) along with your Form I-140 (immigrant petition). Doing this can save you time on the overall EB3 processing time.

03. Adjustment of status or consular processing

The final step in the green card process through employer sponsorship happens after the I-140 Petition is approved by USCIS. At this stage, the foreign professional can follow two different procedures. If the professional is already in the United States in valid status and an immigrant visa is available, he or she can obtain the EB-3 green card by filing an adjustment of status application. Alternatively, if the foreign professional is not in the United States, he or she can apply for an EB-3 immigrant visa at a U.S. consulate abroad once a visa is available.

  • Apply for Immigrant Visa

    If you are outside of the United States, you will likely apply for an immigrant visa. This is done by filing a Form DS-260. A number of months after filing the DS-260 you will be required to attend a visa interview at the consulate or embassy of your home country. Following successful completion of the interview, you should receive your immigrant visa stamped into your passport. This whole process takes about 9 months.
  • Apply for Adjustment of Status

    If you are lawfully present in the United States in a valid non-immigrant status, you may be eligible to do apply for an adjustment of status. An adjustment of status is the process of going from a non-immigrant status, to permanent resident status while in the United States. To apply for an adjustment of status the EB3 visa beneficiary (the foreign worker) must file a Form I-485 with USCIS. The adjustment of status process takes about 9 months to complete. One benefit of the adjustment of status is that the work authorization (EAD) and advance parole (travel permission) usually arrive within 6 months.
  • Concurrent Filing

    One of the benefits of an adjustment of status is that, if your priority date is current, you can concurrently file your form I-485 (adjustment of status) along with your Form I-140 (immigrant petition). Doing this can save you time on the overall EB3 processing time.

Contact Us

  • Schedule by Phone

If you prefer to schedule over the phone, our scheduling team is available 7 days a week, 9 am-6 pm PT.

Call 1-800-800-8000

  • Schedule by email

If you prefer to schedule over an email, send us an email.

schedule@eb3visa.net

  • Schedule by message

If you prefer to schedule over a message, our scheduling team will be call you back.

Call 1-800-800-8000

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