EB-3 Visa Cost, Processing Time and Requirements

The EB-3 visa is an employment-based visa that allows foreign workers to permanently live and work in the U.S. It is divided into three main categories:

1. Skilled Workers – jobs requiring at least 2 years of experience or training.
2. Professionals – jobs requiring a U.S. bachelor’s degree (or foreign equivalent).
3. Unskilled Workers – jobs that require less than 2 years of training or experience.

To obtain an EB-3 visa, you will need a sponsor, which is typically your employer in the U.S. Here’s how the process works:

1. Employer Sponsorship

Your U.S. employer needs to file a Petition for a Nonimmigrant Worker (Form I-140) with U.S. Citizenship and Immigration Services (USCIS) to sponsor you for the EB-3 visa. This petition proves the employer is offering you a job in the U.S.

2. Labor Certification (PERM)

Before your employer can file the I-140 petition, they must obtain a Labor Certification (PERM) from the Department of Labor (DOL). This process ensures that no qualified U.S. workers are available for the position. It’s an important step that often takes several months.

3. Job Offer Requirements

For the EB-3 visa, the employer must offer you a permanent, full-time job in one of the three categories mentioned:

• Skilled workers: Jobs requiring at least 2 years of experience or training EB-3 Visa Sponsor.
• Professionals: Jobs that require a U.S. bachelor’s degree (or foreign equivalent).
• Unskilled workers: Jobs that require less than 2 years of experience or training.

4. Form I-140 Petition

Once the employer gets the Labor Certification, they can file the Form I-140 petition with USCIS. This is the official request for your green card. The employer must prove that the job and the worker (you) meet the requirements for the EB-3 visa.

5. Adjustment of Status or Consular Processing

After the I-140 petition is approved, you can either:

• Adjust your status if you are already in the U.S., using Form I-485 to apply for a green card.
• Go through consular processing if you are outside the U.S. to obtain an EB-3 visa at a U.S. embassy or consulate.

6. Green Card Issuance

Once everything is approved and the visa is issued, you’ll receive your green card, granting you lawful permanent residence in the U.S.

Key Takeaways:

• Employer is the sponsor: The employer must prove the job and you are qualified for the position.
• Labor Certification (PERM): Required to show no U.S. workers are available for the job.
• Full-time, permanent job offer: The job must be permanent and full-time to qualify.
• Form I-140 petition: Employer files this on your behalf for EB-3 status.