The EB-1 visa category is a preference category for United States employment-based permanent residency.
EB-3 Visa
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FAQ
The EB-3 visa is a U.S. employment-based green card category that allows skilled workers, professionals, and other workers to gain lawful permanent residence in the United States. Here are the general requirements and categories under EB-3:
Categories of EB-3 Visa
- Skilled Workers: These are individuals whose jobs require a minimum of two years of training or work experience that are not temporary or seasonal.
- Professionals: Applicants in this category must demonstrate that they possess a U.S. bachelor’s degree or foreign equivalent, and that a bachelor’s degree is the normal requirement for entry into the occupation.
- Other Workers (Unskilled Workers): This category includes positions that require less than two years of training, education, or experience.
General Requirements
- Job Offer: You must have a full-time, permanent job offer from a U.S. employer.
- Labor Certification: The U.S. employer must obtain a labor certification (PERM) approved by the Department of Labor. The certification must confirm that there are no qualified U.S. workers available for the position, and that hiring a foreign worker will not adversely affect the wages and working conditions of similarly employed U.S. workers.
- Education and Experience: Depending on the subcategory:
- Skilled workers must prove that their job requires at least two years of training or experience.
- Professionals must provide evidence of a U.S. bachelor’s degree or its foreign equivalent that is required for their profession.
- Other Workers must demonstrate the ability to perform unskilled labor that requires less than two years of training or experience.
- Ability to Pay: The U.S. employer must demonstrate the ability to pay the offered wage from the time the labor certification application was filed. This is often proved by providing financial documents like annual reports, federal tax returns, or audited financial statements.
Process
- PERM Labor Certification: The employer must file a Form ETA-9089 with the Department of Labor for labor certification.
- Petition for Alien Worker: Upon approval of the PERM, the employer must file Form I-140 with U.S. Citizenship and Immigration Services (USCIS).
- Visa Application and Adjustment of Status: Once the I-140 is approved and a visa number is available, the applicant can apply for an immigrant visa abroad via consular processing, or if already in the U.S., apply to adjust their status to a permanent resident by filing Form I-485.
Additional Notes
- Visa Availability: The EB-3 visa has a cap, and there can be significant backlogs, especially for applicants from countries with high demand.
- Derivative Status: Spouses and unmarried children under the age of 21 may accompany or follow to join the principal applicant under derivative status.
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