EB-3 Visas
Employment-Based Immigration: Third Preference
You may be eligible for this immigrant visa if you are a skilled worker, professional, or other worker.
Eligibility Criteria
Skilled Workers
Skilled Workers are persons whose job requires a minimum of 2 years training or work experience, not of a temporary or seasonal nature.
- You must be able to demonstrate at least 2 years of job experience or training.
- You must be performing work for which qualified workers are not available in the United States.
Professionals
Professionals are persons whose job requires at least a U.S. baccalaureate degree or a foreign equivalent and are a member of professions.
- You must be able to demonstrate that you possess a U.S. baccalaureate degree or foreign degree equivalent, and that a baccalaureate degree is the normal requirement for entry into the occupation.
- You must be performing work for which qualified workers are not available in the United States.
- Education and experience may not be substituted for a baccalaureate degree.
Unskilled Workers
Unskilled workers or other workers is a subcategory for persons performing unskilled labor requiring less tan 2 years training or experience, not of a temporary or seasonal nature.
- You must be capable, at the time the petition is filed on your behalf, of performing unskilled labor (requiring less than 2 years training or experience), that is not of a temporary or seasonal nature, for which qualified workers are not available in the United States.
EB-3 Steps & Process
Step 1: The first step is to go through permanent labor certification. (8-9 months)
- Work with the Department of Labor to obtain prevailing wage determination.
- Employer must advertise the position and create recruitment report.
- File a labor certification with the Department of Labor
Step 2: Involves the filing of an I-140 package which essentially qualifies the employee for the job. ( 39-90 days)
- Sometimes when USCIS needs additional information than the one previously submitted without denying the application there will be an RFE (Request for Evidence) (30-90 days)
Step 3: The final step involves the filing of an application for Lawful Permanent Residence. (12 months)
- If the applicant is in the U.S., we apply for Adjustment of Status
- If the applicant is outside the U.S. we apply for Consular Visa Processing.
Labor Certification
All categories must be accompanied by an approved U.S. Department Labor Certification
Application Process
- Your employer must file Form I-140, Petition for Alien Worker.
- As part of the application process your employer must be able to demonstrate an ability to pay the offered wage as of your visa priority date.
- Your employer may use a federal income tax return, or audited financial statement to demonstrate an ability to pay your wage.
Can I bring my family with me to the United States with an EB-3 Visa?
Your spouse may be admitted to the United States in E34 (spouse of a skilled worker) or EW4 (spouse of a non skilled worker).
During the process where you and your spouse are applying for permanent resident status, your spouse is eligible to file for an Employment Authorization Document (EAD).
Your minor children (under age of 21) may be admitted as E35 (child of a skilled worker) ot EW5 (child of a non skilled worker).