EB-3 Visa: Your Gateway to a Work-Based Green Card

The EB-3 visa is a U.S. immigrant visa designed for those looking to obtain a work-based Green Card but who may not hold advanced degrees or possess earth-shattering talents. Think of it as the practical, roll-up-your-sleeves option for hardworking individuals. It’s divided into three categories:

• EB-3A: Professionals – For individuals whose job requires at least a bachelor’s degree (or its U.S. equivalent). Importantly, no amount of job experience can replace that degree.
• EB-3B: Skilled Workers – Tailored for roles demanding at least two years of professional experience.
• EB-3B: Unskilled Workers – For jobs requiring less than two years of experience or training.

Annual Limits and Waiting Times

The EB-3 visa is subject to annual limits, with approximately 40,000 visas available each year. Of these, 10,000 are reserved for unskilled workers. Due to high demand, applicants often face extended wait times, sometimes spanning several years.

Eligibility Requirements for Employers

For all EB-3 subcategories, the U.S. employer must:

1. Prove Labor Shortages: Demonstrate that they cannot fill the position with a U.S. citizen or lawful permanent resident.
2. Advertise the Job: Conduct recruitment efforts through job postings, interviews, and a labor certification process.
3. Meet Wage Standards: Agree to pay the prevailing wage for the position, as determined by the Department of Labor (DOL).

Employers must also complete the PERM Labor Certification process, which ensures the hiring process complies with U.S. labor regulations. Unlike the EB-2 visa, National Interest Waivers (NIW) are not available for the EB-3 category.

The EB-3 Application Process

The EB-3 Green Card application involves three main steps:

Step 1: Labor Certification (PERM)

Before applying, the U.S. employer must:

• Submit a Prevailing Wage Determination request to the Department of Labor.
• Advertise the job through specified channels (e.g., newspapers, online job boards).
• Document recruitment efforts, including reasons for rejecting U.S.-based applicants.

If no suitable candidate is found, the employer submits a Labor Certification Application to the DOL.

Step 2: Filing Form I-140 (Immigrant Petition)

Once the labor certification is approved, the employer files Form I-140 with U.S. Citizenship and Immigration Services (USCIS). This petition establishes that the employer can pay the required wage and that the employee meets the job qualifications.

Step 3: Applying for the Green Card

After the I-140 is approved and a visa becomes available, the employee can apply for a Green Card through one of two methods:

• Adjustment of Status (for those already in the U.S.): Transition from a non-immigrant status to immigrant status without leaving the country.
• Consular Processing (for those outside the U.S.): Apply for an immigrant visa at a U.S. consulate and receive the Green Card after entry into the United States.

Benefits for Family Members

The spouse and unmarried children under 21 of an EB-3 visa holder are also eligible for Green Cards. Spouses may apply for an Employment Authorization Document (EAD) to work in the U.S.

Job Changes and EB-3 Green Card

Unlike non-immigrant work visas, an employment-based Green Card is not tied to the sponsoring employer once issued. If you lose your job or decide to change employers after obtaining the Green Card, your residency status remains intact.

Ready to begin your EB-3 application process? Contact us today to explore your eligibility and guide you through every step with confidence.