EB-3 is a visa preference category for United States employment-based permanent residency. It is intended for “skilled workers”, “professionals”, and “other workers.” EB-3 applicants require a sponsoring employer. You cannot self-petition.
Every fiscal year (October 1st – September 30th), approximately 140,000 total employment-based immigrant visas are made available to qualified applicants. The EB-3 category is limited to approximately 29% of the number of employment-based immigrant visas. There are further restrictions depending on what country you are from – no country can use more than 7% of the total number of E-category visas. This explains an enormous backlog – it can be years – for workers from India and China.
How Do You Qualify for an EB-3 Visa?
The EB-3 category has three subcategories: EB-3A, Professionals; EB-3B, Skilled Workers; and EB-3C, Other Workers. For each, eligibility requirements include:
- a labor certification
- a permanent, full-time job offer
- a demonstration that the applicant is qualified for the job
There are separate requirements for each sub-category. These are:
- Skilled workers – Such positions are not seasonal or temporary. They require at least two years of experience or training (which can be met through post-secondary education). Whether a job is skilled or unskilled depends on the job requirements, which are stated on the Labor Certification Form (see below)
- Professionals – Such aliens must have a U.S. bachelor’s degree (or its foreign equivalent) and must demonstrate that a bachelor’s degree is the normal requirement for entry into the occupation. Education and experience may not be substituted for the college degree
- Other workers – These positions require less than two years of training, higher education, or experience, but the petitioning alien may have to wait a long time to get a visa under this category (due to a huge backlog)
How Do I Apply for EB-3 Classification?
The Labor Certification Process
To be considered for an employment-based immigrant visa, your prospective employer must first obtain an approved labor certification from the U.S. Department of Labor. You do not need to be employed when the labor certification application is filed. During the lengthy application process, many applicants gain additional experience or education, and are eligible to apply for an “upgrade” to EB-2.
During the labor certification process, the employer must do the following:
- Ask the Department of Labor for a “prevailing wage determination” to make sure a proper wage is being offered
- Conduct a search within the company to let local workers know there is a job opening
- Run a search in the local community for a U.S. worker for the position, and keep track of all applicants and the results of the search
- File form ETA-9089 (the labor certification form) with the Department of Labor
The Visa Process
After the labor certification is obtained, the prospective employer files an immigration petition for the alien worker. The employer must fill out and file U.S. Citizens and Immigration Services (USCIS) Form I-140. The employer should include the labor certification and a letter describing the permanent, full-time job offer.
After USCIS approves the petition, it is sent to the National Visa Center (NVC). Once received, the NVC will assign a case number for the petition. NVC will begin pre-processing your case by providing you with instructions to submit the appropriate fees.
Visas are issued in the chronological order in which the petitions were filed until the annual numerical limit for the category is reached. The filing date of a petition becomes your priority date. Immigrant visas cannot be issued until an applicant’s priority date is reached.
Visa Interview
Once the NVC determines the file is complete with all the required documents, NVC then sends the file to the U.S. embassy or consulate where you will be interviewed for a visa. You will receive appointment emails or letters containing the date and time of your visa interview along with instructions, including guidance for obtaining a medical examination.
You will need to complete your medical examination and any required vaccinations before the visa interview. Every applicant, regardless of age, must undergo a medical examination which must be performed by an authorized panel physician. U.S. immigration law requires immigrant visa applicants to obtain certain vaccinations prior to the issuance of immigrant visas.
For your visa interview, you should bring your valid passport, as well as any other documentation above not already provided to NVC. During the interview process, ink-free, digital fingerprint scans will be taken.
In general, the following documents are required:
- Passport valid for 60 days beyond the expiration date printed on the immigrant visa
- Application for Immigrant Visa and Alien Registration, Form DS-230, both Part I and Part II, or Online Immigrant Visa Application and Registration, Form DS-260
- Two passport-style photographs
- Completed Medical Examination Forms – These are provided by the panel physician after you have completed your medical examination and vaccinations
The consular officer may ask for more information during your visa interview. If not already submitted to the NVC, bring clear, legible photocopies of civil documents, such as birth and marriage certificates, and any required translations to your immigrant visa interview. Original documents and translations can then be returned to you.
At your immigrant visa interview, you must demonstrate to the consular officer that you will not become a public charge in the United States. This means you must show that you will be able to support yourself without depending on any county or state benefits.
If you are issued an immigrant visa, the consular officer will give you a sealed packet containing the documents which you provided. It is important that you do not open the sealed packet. Only the U.S. immigration official should open this packet when you enter the United States. You are required to enter the U.S. before the expiration date printed on your visa.
What If You Are Ineligible for a Visa?
Certain conditions and activities may make an applicant ineligible for a visa. This includes evidence of drug trafficking; overstaying a previous visa; or submitting fraudulent documents. Attempting to obtain a visa by fraud may result in your becoming permanently ineligible to receive a U.S. visa or enter the United States.
If you are ineligible for a visa, you will be informed by the consular officer and advised whether there is a waiver of the ineligibility available to you and what the waiver process is.
Can My Family Members Also Receive Immigrant Visas?
Based on your approved petition, your spouse and minor unmarried children, younger than 21, may apply for immigrant visas with you. Like you, they must also fill out required application forms, obtain required civil documents, pay the required fees, and undergo medical examinations. When traveling, you must enter the U.S. before or at the same time as family members holding visas.
How Much Will it Cost?
Fees are charged for the following services:
- Filing of Immigrant Petition for Alien Worker, Form I-140, Petition for Amerasian, Widow(er), or Special Immigrant, For current fees for USCIS services, see Check Filing Fees on the USCIS website.
- Processing an immigrant visa application, Form DS-230 or DS-260 For current fees for Department of State services, see Fees for Visa Services.
- Medical examination and required vaccinations (costs vary).
- Other costs may include: translations; photocopying charges; fees for obtaining the documents you need for the immigrant visa application (such as passport, police certificates, birth certificates, etc.); and expenses for travel to the U.S. embassy or consulate for your visa interview. Costs vary from country to country and case to case.
Do You Need an Immigration Law Attorney?
An experienced immigration lawyer would be able to determine whether or not you are eligible for EB-3 Classification. A lawyer can discuss other options with you, some which may be more favorable than EB-3.
An immigration lawyer can also guide you through the visa application process and give you details about the particular consulate or embassy you will be visiting.
