When it comes to understanding what an EB-3 visa is, you must first understand the basics of United States immigration law. Immigration laws are the set of federal laws that regulate how a person from abroad may qualify for a visa. Immigration laws also deal with the circumstances an individual can be deported under.
It is important to note that there are many different kinds of temporary and permanent visas that an individual may apply for prior to entering the United States. Therefore, depending on the exact purpose of your entry, there is typically a visa available that fits your situation.
One such visa that a foreign national working to live and work in the United States may apply for is the EB-3 visa. The EB-3 visa is an employment based visa that provides a pathway for foreign nationals to work and live within the United States and have a pathway to lawful permanent residency.
The following article discusses the basics of an EB-3 visa, what an EB-3 does, as well as the process for applying for an EB-3.
What Is an EB-3 Visa?
According to United States Citizenship and Immigration Services (“USCIS”), an EB-3 visa is an employment-based immigrant visa category that allows foreign nationals to live and work in the United States permanently.
It is important to note that an EB-3 visa is divided into three subcategories:
- Skilled Workers: This EB-3(A) category includes jobs requiring at least 2 years of training or experience
- Professionals: This EB-3(B) category includes jobs requiring at least a United States bachelor’s degree or its foreign equivalent
- Other Workers: This EB-3(C) category includes jobs requiring less than 2 years of training or experience, not of a temporary or seasonal nature
What Are the Requirements for an EB-3 Visa?
As mentioned above, there are three different categories of EB-3 visas. As such, the requirements to apply for an EB-3 visa will depend on the category that fits your particular circumstances.
The following list discusses the eligibility for all three EB-3 categories:
- Skilled workers EB-3(A). In order to be eligible for an EB-3(A) visa, you must:
- Have at least 2 years of job experience or training
- Your job must require at least 2 years of experience or training
- You must be performing work for which qualified workers are not available in the United States
- Professionals EB-3(B). In order to be eligible for an EB-3(B) visa, you must:
- Have a United States bachelor’s degree or its foreign equivalent
- Your job must require a bachelor’s degree
- Be performing work for which qualified workers are not available in the United States
- Other workers EB-3(C). In order to be eligible for an EB-3(C) visa, you must:
- Be capable of performing unskilled labor that requires less than 2 years of training or experience
- Your job must not be temporary or seasonal
- Be performing work for which qualified workers are not available in the United States
In addition to all of the above, your employer must also obtain a labor certification from the United States Department of Labor (“DOL”), proving that there are no qualified United States workers available for the position and that hiring you will not negatively affect the wages and working conditions of United States workers.
What Are Benefits of an EB-3 Visa?
The EB-3 visa offers a variety of different benefits for foreign workers that are seeking employment within the United States. As mentioned above, one main benefit is that an EB-3 visa gives the visa holder eligibility to apply for United States citizenship through the naturalization process.
Additionally, lawful permanent residency allows the EB-3 visa holders to work and live within the United States. In addition to the visa holder being able to enter the United States, it also allows the holder to bring in eligible family members on other visas.
What Is the Application Process to Obtain an EB-3 Visa?
In order to apply for an EB-3 visa, a foreign national traveling to the United States for work must first complete the appropriate application. The application for an EB-3 visa, along with the accompanying instructions, can be found on the USCIS website.
In order to initiate the application process, you should first ensure that you can prove that you are eligible to receive an EB-3 visa. After you have determine you are eligible, the application process for an EB-3 visa will generally proceed as follows:
- PERM (Permanent) Labor Certification: The first step in the application process is that you will need to have your United States employer obtain a labor certification from the Department of Labor
- Once again, this will involve proving that there are no qualified United States workers available for the position and that hiring a foreign worker will not negatively impact the wages and working conditions of a United States workers
- Form I-140 Petition: Once your employer is approved for the labor certification, the employer will then file a Form I-140, Immigrant Petition for Alien Worker, with USCIS
- This petition must demonstrate that you, the applying foreign worker, meet all of the qualifications for the job
- Wait for Priority Date: After the I-140 petition is approved by USCIS, you then must wait for your priority date to become current
- Your priority date will be based on the visa bulletin posted on USCIS’ website, which tracks the availability of visa numbers
- For some countries the wait can be several years
- Consular Processing or Adjustment of Status: Finally, if you are located outside the United States, you will need to go through consular processing at a United States Embassy or Consulate in your home country
- If they are already living in the United States, you can simply apply for adjustment of status by filing Form I-485
In addition to all of the above, you should also be prepared to provide certain forms of evidence to support your application, such as:
- Any and all government issued identification documents you may have
- Photos that adhere to application guidelines
- Any documents requested by USCIS or the Embassy or Consulate in your home country
Additionally, you must also pay a filing fee in order to submit all of these documents, and the processing time for each step will vary. An immigration officer may also request that you schedule and attend a biometrics appointment and/or an interview.
After your priority date becomes current, consular processing can still take a few months, while an adjustment of status within the United States can take 8 to 14 months. Overall, the entire process for obtaining an EB-3 visa can take anywhere from one year to several years.
It is important to stay updated with the visa bulletin and consult with an immigration attorney to navigate the process efficiently. Doing so will ensure that you do not miss any requests for information regarding your application or your window to apply.
Do I Need a Lawyer for Help With an EB-3 Visa?
As can be seen, the process for applying for and obtaining an EB-3 visa is not always a straightforward process. As such, if you have any questions regarding the EB-3 visa application process, it is in your best interest to consult with a local work visa lawyer.
LegalMatch can assist you in setting up an initial consultation with an experienced immigration attorney in your area. An immigration lawyer can help inform you of the process of obtaining the EB-3 visa. Additionally, they can help guide you through the application process. Finally, an attorney will also be able to represent you in court, as needed, should any other legal issues arise or your application be denied.
