EB-3 Visa & Green Card Application Process

Who Is Eligible for an EB-3 Visa?

Individuals wishing to qualify for the EB-3 visa must be able to meet the job requirements, in other words, be able to perform all the tasks the job requires to be eligible for a role with the U.S.-based company and to receive the same offered wage domestic workers would typically receive. Foreign workers must also commit to working for up to two years with their U.S. employer to qualify for this visa in addition to falling into one of the qualifying categories outlined by the U.S. Citizenship and Immigration Services (USCIS):

Skilled Workers

A skilled worker is described as an employee who has completed at least two years of training or job experience. Relevant post-secondary education may be considered as a replacement for practical job experience.

Professionals

Workers with a higher education degree, such as a bachelor’s degree (or its foreign degree equivalent). That foreign equivalent baccalaureate degree must be in an area related to the job position you’re being sponsored for. Practical work experience and uncompleted degrees cannot be considered in lieu of the bachelor’s degree requirement.

Other Workers: Unskilled Workers or Laborers Not Performing Work of Temporary or Seasonal Nature

The EB3-Other visa forms part of the EW unskilled worker program. An alien worker with less than two years of employment experience or training who is interested in performing unskilled labor in the U.S. may be eligible for this travel document, which can secure them a green card.

What Is the Process To Apply for the EB-3 Visa?

The application process for the EB-3 involves multiple steps, some of which the sponsoring employer and others which the prospective worker must follow, including

1. A prospective employer has to file a Labor Certification Application electronically through this U.S. Department of Labor (DOL) portal
2. The DOL reviews the employer’s PERM Labor Certification Application to determine if any qualified U.S. workers are available to fill the employment vacancy instead
3. Provided the DOL determines that there are indeed no qualified U.S. workers available to fill the job role, an employer would next file a Form I-140, Immigration Petition for Foreign Worker, with U.S. Citizenship and Immigration Services (USCIS)
4. The USCIS then reviews the I-140 petition to assess whether the employer qualifies to sponsor foreign workers for EB-3 employment-based immigrant visas
5. Once the USCIS approves the I-140 petition, the foreign national, whether they’re a professional, a skilled worker, or looking to perform unskilled labor, is eligible to file an I-485, which is the Application to Register Permanent Residence or Adjust Status, an application which is the first step in acquiring U.S. permanent resident status
6. The USCIS reviews the I-485 application to determine if the foreign worker qualifies for an EB-3 visa.

A USCIS representative will review the submitted supporting documentation, and the green card applicant will have to submit to an interview with a consular official before any decision about the approval of their I-485 application will be made. Provided everything checks out, the foreign worker will receive an EB-3 visa allowing them to move to the United States to work in a permanent full-time job and secure permanent residence in our country.