EB-3 is the third preference employment based immigrant visa category for foreign nationals to obtain permanent residency in the US. Eligible applicants for the EB-3 green card include “skilled workers, professionals, and other workers.” If you are a foreign national and possess a degree or have work experience, you may be eligible for an EB-3 green card.
Only 40,000 green cards in total are available each year for EB-3 category, out of which 10,000 are allotted to unskilled workers.
Some of the highlights of the EB-3 green card category include:
- Provides permanent residence in the US.
- The worker with permanent residency can travel freely.
- For the EB-3 process, the employer is the petitioner and alien is the beneficiary.
- EB-3 visa holders may apply for dependent visas for their spouse or unmarried children under age 21.
EB-3 Subcategories
The EB-3 immigrant visa category is comprised of three subcategories. These include:
- EB-3A: The first subcategory is for Skilled Workers with at least 2 years of training or work experience, not of a temporary or seasonal nature. Skilled workers eligible for this subcategory might include certain types of technical workers, chefs, construction supervisors, stonemasons, reporters, journalists, graphic designers, and fashion designers.
- EB-3B: The second subcategory is for Professionals who have a US baccalaureate degree or its foreign equivalent. Professionals eligible for this subcategory might include architects, lawyers, physicians, engineers, and teachers.
- EB-3C: The third subcategory is for Unskilled Workers or Other Workers with less than 2 years of training or work experience, not of a temporary or seasonal nature. Eligible applicants for this category might include housekeepers, janitors, nurse’s aides, garden workers, and farm workers.
Eligibility Requirements For EB-3 Based Green Card
Eligible and certification requirements for each EB-3 immigrant visa category are detailed below.
Skilled Workers
- Must be able to demonstrate at least 2 years of job experience or training.
- Must be performing work for which qualified workers are not available in the US.
Professionals
- Must demonstrate that he/she holds a US baccalaureate degree or its foreign equivalent and that a baccalaureate degree is required for the occupation.
- Must be performing work for which qualified workers are not available in the US.
Other Workers
- At the time the petition is filed, must be capable of performing unskilled labor that requires less than 2 years training or experience, is not of a temporary or seasonal nature, and for which qualified workers are not available in the US.
Sponsoring Employer
- Must be able to show that he/she is able to pay the wage offered by the time of the beneficiary’s visa priority date.
- Must provide documents such as an annual report, federal income tax return, or audited financial statement to demonstrate an ability to pay the wage.
All three EB-3 subcategories require the following certification.
- Labor certification
- A permanent, full-time job offer from a US employer
Process For Applying For An EB-3 Green Card
To apply for an EB-3 immigrant visa, review the application process below:
- Perform the labor certification or PERM process – Petitioner/Employer must sponsor the applicant & obtain a labor certification from the US Department of Labor on behalf of the alien. PERM: Labor Certification process
- File a Form I-140, Petition for Alien Worker – Employer must petition for an alien worker to become a permanent resident in the US. This will confirm the applicant’s priority date. The purpose is to prove that the applicant qualifies for EB-3 visa.
One purpose of I-140 petition that requires a certified Labor Certification is to establish that the employer has the ability to pay the offered wage stated in the Labor Certification application. Form I-140 application procedure. - File a Form I-485 or Take Consular Processing Interview – Upon approval of Form I-140, the beneficiary, if legally in US, may apply for adjustment of status or take consular processing interview at a US consulate in your country. The purpose is to become a lawful permanent resident of the US.Form I-485 application procedure and consular processing.
Additional Information
- EB-3 applicants may not “self-petition” for their immigrant visa; they require a sponsoring employer.
- The applicant does not need to be employed when the labor certification is filed.
- The spouse of EB-3 applicant may be admitted to the US under E34 (spouse of a Professional or Skilled Worker) or EW4 (spouse of an Other Worker) visas.
- Minor child of EB-3 applicant may be admitted to the US under E35 (child of a Professional or Skilled Worker) or EW5 (child of an Other Worker) visas.
- During the process when the applicant and his/her spouse are applying for Legal Permanent Resident (LPR) status, the spouse is eligible to file for an Employment Authorization Document (EAD).
- Education and experience may not be substituted for a baccalaureate degree.
