EB-3 Visa: Employment-Based Green Card for Skilled Workers

You may be eligible for this immigrant visa preference category if you are a skilled worker, professional, or other workers. Learn more about the eligibility and requirements for an EB-3 visa. 

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The EB-3 Green Card is a permanent residence category based on work. Workers that are competent, professional, or “other” fall into the third preferred group. Those with a bachelor’s degree or its international equivalent are referred to as “professionals.”

“Skilled” is defined as someone who has worked in a certain occupation that needs at least two years of training. In comparison to the EB-1 and EB-2 categories, the EB-3 Green Card has less stringent qualifying conditions, but there are more qualified candidates.

Requirements for EB-3 Visa

Several immigrant visa categories are based on employment. Your education, skills and work experience are some of the factors used to determine if you are eligible for a specific type of employment-based visa.

Check the table below for specific requirements for each specific category.

Who is Eligible for the Third Preference: EB-3 Visa?

Skilled Workers

- You must be able to demonstrate that you possess 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.

- You must be performing work for which qualified workers are not available in the United States.

Professionals

- You must demonstrate that you possess a U.S. baccalaureate or foreign equivalent degree, and that a baccalaureate degree is the normal requirement for entry into the occupation.

- You must be performing work for which qualified workers are not available in the United States. Education and experience may not be substituted for a baccalaureate degree.

- You must meet any other requirements specified on the labor certification.

Unskilled Workers (Other Workers)

- You must demonstrate the ability to perform unskilled labor (requiring less than 2 years training or experience), that is not of a temporary or seasonal nature.

- You must be performing work for which qualified workers are not available in the United States.

- You must meet any other requirements specified on the labor certification.

Application Process for the EB-3 Visa

A Form I-140, Immigrant Petition for Alien Workers, must be filed by your company (petitioner). Your employer must be able to demonstrate a continued ability to pay the promised salary as of the priority date as part of the application procedure. To establish a continued capacity to pay your wage, your company may utilize an annual report, federal income tax return, or audited financial statement.

1. Permanent Labor Certification

"Program for Electronic Review Management" is what this stands for. Your employer will be required to offer proof that you are not displacing a US worker. This can be performed by demonstrating that the company was unable to fill the post with a local candidate (like a newspaper ad in the classified section.)

2. Complete Form I-140

The Form I-140 is the Immigrant Petition for Alient Worker. The form is asking the USCIS to allow a foreign worker to work in the United States. Typically the employer files the Form I-140 for the foreign worker.

3. Submit the Filing Fees

There are several fees associated with an EB-3 visa. 

  1. I-140 Form = $700
  2. I-485 = $750 - $1,225
  3. Attorney Fees are established during consultation

4. Submit Evidence

Depending on which category you are applying under there are different evidence requirements. 

 

Skilled Workers: 

  • You must have at least 2 years of job experience or training
  • You must be performing work for which qualified US workers are not available

Professionals: 

  • You must be able to demonstrate that you have a U.S. baccalaureate degree or its foreign degree equivalent and that a baccalaureate degree is a normal requirement for entry into the occupation.
  • You must be performing work for which qualified US workers are not available.
  • Education and experience may not be substituted for a baccalaureate degree.

Other Workers: 

  • You must be capable, at the time the petition is filed on your behalf, of performing unskilled labor (requiring less than 2 years training or experience), that is not of a temporary or seasonal nature, for which qualified workers are not available in the United States.

5. Sign and File the Form I-140

Once your application has been submitted with all the forms and fees then you will wait for a decision by the USCIS. 

The total proccessing time for the EB-3 Visa can be anywhere from 15 months to a few years. 

Why Legal Help for the EB-3 Visa is Important!

Applying for a US-based Green Card through employment is a huge deal and it’s important to complete your EB-3 visa application correctly to enhance your chances of approval. If you have the opportunity to apply for a Green Card, you should take advantage of legal services so that you can reach your potential. If you already have ingredients like a family member that is a US citizen, or an employer that is willing to petition for you to immigration permanently, you still need to present an application package that will convince immigration officers of your worth.

Why Hire Us to Help with Your EB-3 Application?

Attempting to get a Green Card is a crucial process. Any slight misstep could result in a refusal after all of the efforts you put into your application. We have helped thousands of individuals successfully get US permanent residence through employment-based petitions, and we can help you too!

Let Us Help You!

The first step towards a successful Green Card application is getting an assessment of your case. Call us or fill out our immigration assessment form and we will get back to you within 24 hours to discuss your eligibility and options.