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The EB-3 visa is an employment-based immigrant visa category in the United States. It allows foreign nationals to obtain permanent residency (Green Card) through employment.
The EB-3 Visa has three subcategories:
1. EB-3A: for professionals with a bachelor’s degree or equivalent education and at least two years of experience in their field.
2. EB-3B: for skilled workers who have at least two years of training or work experience in their occupation, but not a bachelor’s degree.
3. EB-3C: for unskilled workers who can perform labor that requires less than two years of training or experience.
Note: The EB-3 visa requires sponsorship by a U.S. employer, who must demonstrate the need for the foreign worker and go through a labor certification process. This step requires employers to prove that there are no qualified U.S. workers available for the job. Once approved, the foreign worker can apply for a green card and eventually become a lawful permanent resident of the United States.
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“Labor Certification” is a crucial step in the employment-based immigration process. The process is also known as the PERM (Program Electronic Review Management) process.
The labor certification process is designed to protect the interests of U.S. workers by ensuring that job opportunities are first offered to qualified U.S. workers before being filled by foreign workers.
Here's what you need to know:
- Before an employer can file a labor certification application, they must first demonstrate that they have actively recruited for the position and have been unable to find qualified U.S. workers to fill it.
- The employer must obtain a prevailing wage determination from the U.S. Department of Labor (DOL) for the specific job location and job duties. The prevailing wage is the average wage paid to similarly employed workers in the area of intended employment.
- Once the recruitment process is complete and the prevailing wage is determined, the employer files a Labor Certification Application with the DOL with all employment offer details.
- The DOL reviews the application to ensure that the recruitment process was conducted properly and that there are no qualified U.S. workers available to fill the position.
- Once the labor certification is approved, the employer proceeds with filing an immigrant petition on behalf of the foreign worker.
- After USCIS approves the immigrant petition, the foreign worker can proceed with either adjusting their status to lawful permanent resident if they are already in the United States, or going through consular processing if they are outside the United States.
These are the EB-3 visa benefits foreign nationals can expect:
- Permanent Residency: Successful EB-3 visa applicants are granted lawful permanent residency to live and work permanently in the United States.
- Opportunity for Employment: The EB-3 visa provides foreign nationals with the opportunity to work in positions that require specialized skills, education, or experience.
- Eligibility for Certain Benefits: Green card holders are eligible to access healthcare, social security benefits, and eventually apply for the U.S. citizenship.
- Ability to Sponsor Family Members: EB-3 visa holders can sponsor their immediate family members for permanent residency in the United States.
- Career Advancement: one of the main benefits of obtaining an EB-3 visa is the opportunity for career advancement, professional growth, and access to a wider range of job opportunities.
We summarized the EB3 visa process for you. However, it's important to keep an eye out for any updates or changes to immigration laws and procedures. Our team has the experience to help ensure that your application is filed correctly and avoid unnecessary mistakes.
Now, here's a step-by-step guide to applying for an EB-3 visa in the United States:
Find Employer Sponsorship: You’ll need to secure a job offer from a U.S. employer who is willing to sponsor your visa application. The employer must be able to demonstrate that there are no qualified U.S. workers available to fill the position.
Labor Certification (PERM Process):Once you have a job offer, your employer must obtain a labor certification (PERM) from the U.S. Department of Labor (DOL). The process involves advertising the job, conducting recruitment efforts, and proving that there are no qualified U.S. workers available for the position.
File Immigrant Petition (Form I-140): After receiving the approved labor certification, your employer can file an Immigrant Petition. This establishes your eligibility for the EB-3 visa based on the job offer and labor certification.
Priority Date: USCIS assigns you a priority date based on the filing date of your Form I-140 petition. This date determines your place in the queue for an immigrant visa.
Wait for Visa Availability: The availability of visas is determined by the visa bulletin and depends on factors such as visa quotas and demand.
File Adjustment of Status (Form I-485) or Consular Processing: Once a visa number becomes available, you can file your application. This step involves submitting additional forms, supporting documents, and undergoing a medical examination.
Attend Biometrics Appointment: If you file Form I-485, you will be scheduled for a biometrics appointment to provide fingerprints, photograph, and signature for background checks.
Attend Interview (if required): Depending on your individual case, you may be required to attend an interview with USCIS to review your application and verify your eligibility for the EB-3 visa.
