The EB-3 visa is an employment-based immigrant visa category for skilled workers, professionals, and other workers who seek to obtain permanent residency in the United States. This visa is divided into three subgroups: skilled workers, professionals, and other workers. Skilled workers are those who possess at least two years of training or experience in a specific occupation, professionals are individuals with a U.S. bachelor's degree or foreign equivalent, and other workers include those in unskilled labor positions requiring less than two years of training or experience. The application process begins when the employer files a Form I-140, Immigrant Petition for Alien Worker, with U.S. Citizenship and Immigration Services (USCIS). The petition must demonstrate the applicant's qualifications and eligibility within one of these categories.
For skilled workers and professionals, the employer must provide evidence of the applicant’s qualifications, such as job experience, education, or relevant certifications. Professionals must demonstrate that they hold a U.S. bachelor's degree or its foreign equivalent. In addition, the employer must obtain a labor certification from the U.S. Department of Labor (DOL) by filing a Form ETA-9089, Application for Permanent Employment Certification, to ensure that no qualified U.S. workers are available for the position. This labor certification process verifies that the applicant’s employment will not negatively impact U.S. workers by offering the job to a foreign worker. For other workers (those in unskilled labor positions), the employer must demonstrate that there are no qualified U.S. workers available to fill the position, and the applicant must be able to perform the physical demands of the job.
Once the Form I-140 is approved, the applicant can proceed with the next step, either adjusting their status if already in the U.S. by filing Form I-485, Application to Register Permanent Residence or Adjust Status, or completing consular processing if they are outside the U.S. at a U.S. embassy or consulate. After the application is approved, the applicant will receive an immigrant visa or Green Card, granting them lawful permanent residency in the United States. While the EB-3 visa offers a pathway to permanent residency, the process can take several years due to high demand and annual visa caps. Therefore, applicants should monitor the U.S. Department of State’s visa bulletin for updates on priority dates and wait times. Working with an immigration attorney can help ensure that all documentation is submitted correctly and the application process is as smooth as possible.
