What is EB-3 Visa?
The EB3 visa gives qualified individuals permanent resident status in the United States. There are many benefits to being a permanent resident. Some of these include having the ability to change employers and to travel more freely.
The EB3 visa has less strict requirements than either the EB1 or the EB2 visas. This means that some people who may not qualify for these other visas may be eligible for the EB3 visa.
Under the EB3 visa, your spouse and any dependent children can come with you. Dependent children are any unmarried children of yours under the age of 21. While in the United States, your children can attend school and your spouse, after completing their Employment Authorization Documents or obtaining their green card, can work.
EB-3 visa, also known as the Employment-Based Immigration (Third Preference), is a third priority worker visa is intended for skilled workers, professionals and other workers. The visa is divided into three subcategories:
- EB-3A: Skilled Workers
- EB-3B: Professionals
- EB-3C: Unskilled Workers (Other Workers)
EB-3A: Skilled Workers
Skilled workers must be able to demonstrate at least 2 years of job experience, education or training that meets the job requirements specified on the labor certification. Relevant post-secondary education may be considered as training, but you must be performing work for which qualified workers are not available in the US.
You must obtain an approved labor certification and a full-time job offer from the sponsoring US company is required.
EB-3B: Professional
Applicants who hold at least a US bachelor’s degree, or a foreign equivalent, and who are members of the profession can apply for this category. Bachelor’s degree must be a normal requirement for entry into the applicant’s occupation and the education and experience may not be substituted for a bachelor’s degree.
You must obtain an approved labor certification and a full-time job offer from the sponsoring US company is required.
EB-3C: Unskilled Workers (Other Workers)
Applicants for this category must be able to demonstrate that they are capable of performing the job which requires less than 2 years training or experience and that work is not of a temporary or seasonal nature. Unlike the other two categories, EB-3C visa is limited to no more than 10,000 visas per year.
You must obtain an approved labor certification and a full-time job offer from the sponsoring US company is required.
Application Process
How to Apply Inside the US
- Applicant accepts a job that meets the above requirement
- Employer files the Permanent Labor Certification (PERM) – ETA Form 9089 with the US Department of Labor
– Employer certifying that the foreign worker will be paid a fair wage and that the worker’s employment will not adversely impact other employees - Employer files the Immigrant Petition for Alien Worker petition – Form I-140 with the US Citizenship and Immigration Services (USCIS)
– Request for Premium Processing Service available – Form I-907 - Applicant files Application to Register Permanent Residence or Adjust Status – Form I-485 with the USCIS once the I-140 has been approved
– The USICS will issue an approval notice – Form I-797 if the petition is approved - Attend I-485 interview if you have been invited for an interview
*USCIS will automatically schedule an interview in the following situations:
– Legal status and/or identity must be validated
– Evidence of fraud
– Applicant has a class A or B medical condition
– Doubt about the applicant’s qualifications or admissibility
– Second time the I-485 application was filed - Applicant’s status will automatically switch to legal permanent resident status under the EB-3 green card
Applying from Any Country Outside the US
- Applicant accepts a job that meets the above requirement
- Employer files the Permanent Labor Certification (PERM) – ETA Form 9089 with the US Department of Labor
– Employer certifying that the foreign worker will be paid a fair wage and that the worker’s employment will not adversely impact other employees - Employer files the Immigrant Petition for Alien Worker petition – Form I-140 with the US Citizenship and Immigration Services (USCIS)
– Request for Premium Processing Service available – Form I-907 - Applicant applies for the visa by filing an Online Immigrant Visa Application – DS-260 once the I-140 has been approved
– The USICS will issue an approval notice – Form I-797 if the petition is approved
- Schedule an appointment for an EB-3C visa interview with the US Embassy or Consulate
– All applicants between 13 – 80 years old are required to have an interview
- Enter US and work for the sponsoring employer once the visa has been approved
What is a PERM Labor Certification?
Program Electronic Review Management (PERM) is the process used for obtaining a labor certification and is the first step for certain foreign nationals in obtaining an employment-based immigrant visa (i.e. green card). The labor certification process is intended to protect U.S. workers and the U.S. labor market by ensuring that foreign workers seeking immigration visa classifications are not displacing equally qualified U.S. workers. A permanent labor certification (or “PERM”) issued by the Department of Labor (DOL) allows an employer to sponsor a foreign worker for U.S. permanent residency.
What are the basic requirements of a PERM labor certification?
There are several basic requirements for PERM applications.
- Must be a Full-time Employee. The employer must hire the foreign worker as a full-time employee. Part-time work is not allowed.
- The employer who files on behalf of the alien must attest that the position is a full-time job offer located in the United States, that the position is a bona fide job offer that is available to U.S. workers.
- The job requirements should not be tailored to the alien worker’s qualifications.
- Further, the employer must show that there are no qualified U.S. workers able, willing, qualified, and available to accept the job offer through the specific recruitment process (outlined below) and that employment of the alien will not adversely affect the wages and work conditions of U.S. workers.
Permanent Job
The employer must be offering a permanent position. Temporary or seasonal positions do not qualify for the labor certifications. They may qualify for temporary work visas but they do not qualify for PERM.
What is the timeline for a PERM case?
For countries who have their priority date as “current” from start to approval, processing PERM cases can range from 1-2 years if there are no audits. 6-12 months for I-140s and 12 months for I-485. At the time of writing, the approximate processing time for a PERM-based green card petition is 2-3 years.
If you were born in India or China the priority date is not current and therefore it can take several years to obtain your green card. Please keep in mind that this wait time can vary every few months and can be longer or shorter.
Job Requirements
The job offered must not take a job that an American worker could and would do. For this reason, the sponsoring employer is required to carry out specific recruitment to ensure they give Americans a chance to apply, this is part of the labor certification process.
