EB-3

The EB-3 visa is a U.S. employment-based immigration category available to three groups of foreign nationals:

• Skilled workers with at least two years of job experience or training,

• Professionals holding a U.S. bachelor’s degree or its foreign equivalent,

• Unskilled workers (also known as “other workers”) who can perform labor for which qualified U.S. workers are not available.

This visa provides a direct path to lawful permanent residency in the United States by filling roles in industries where there is a shortage of qualified American labor.

Key Requirements and Process

The EB-3 application process involves several important steps:

1. Labor Certification (PERM):
   The U.S. employer must first obtain certification from the Department of Labor (DOL), proving that hiring a foreign worker will not negatively impact the wages or working conditions of similarly employed U.S. workers.

2. Employer Sponsorship:
   A permanent, full-time job offer from a U.S. employer is required. The employer must demonstrate a genuine need and that they have been unable to find a qualified U.S. worker for the position.

3. Immigrant Petition & Visa Application:
   Once labor certification is approved, the employer files Form I-140 (Immigrant Petition for Alien Worker) with U.S. Citizenship and Immigration Services (USCIS).
   After I-140 approval and depending on visa availability, the applicant can:

   • Adjust status if they are already in the U.S. on a valid visa, or

   • Go through consular processing at a U.S. embassy or consulate abroad.

Path to Permanent Residency

Upon approval, the EB-3 visa allows the applicant and their immediate family (spouse and children under 21) to obtain green cards, offering long-term work and residency rights in the United States.