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Exploring the EB-3 Visa: Eligibility, Process, and Benefits

2023-05-27

Step into a world of boundless opportunities and unlock your path to a brighter future with the EB-3 Visa. Are you ready to embark on an extraordinary journey that leads to new horizons? In this captivating exploration, we'll dive into the depths of the EB-3 Visa, unraveling its secrets and revealing the pathway to realizing your dreams. From uncovering the eligibility criteria to demystifying the intricate application process, join us as we shine a spotlight on the remarkable benefits that await those who dare to take this transformative leap. Get ready to discover a world of possibilities with the EB-3 Visa!

What is an EB3 Visa?

The EB-3 Visa is a thrilling ticket to a world of possibilities, igniting the flames of ambition and propelling individuals towards a brighter future. Imagine a realm where your skills and expertise are valued and sought after, where the American Dream becomes a tangible reality. The EB-3 Visa, also known as the Employment-Based Third Preference Visa, is a doorway to the United States for skilled workers and professionals across the globe. It encompasses three distinct categories, each catering to a unique set of qualifications, making it an enticing option for diverse individuals.

Understanding the EB-3 Visa

The EB-3 Visa is a part of the employment-based immigration program in the United States. It aims to address the country's need for skilled workers in various industries. EB3 visa category encompasses three subcategories, each designed to cater to different qualifications and skills:

  • EB-3(A): Skilled Workers:

The EB-3(A) subcategory caters to individuals with at least two years of experience or training in a specific field. These skills can be acquired through formal education, apprenticeships, or relevant work experience. Examples of professions in this category include chefs, electricians, mechanics, and graphic designers.

  • EB-3(B): Professionals:

The EB-3(B) subcategory is tailored for professionals with a bachelor's degree or equivalent. These professionals bring specialized knowledge and expertise in engineering, accounting, teaching, nursing, and more. The job requirements typically demand a bachelor's degree or higher to enter these positions.

  • EB-3(C): Unskilled Worker:

The EB-3(C) subcategory caters to individuals who perform unskilled or low-skilled jobs that do not require higher education or specialized training. Examples of occupations in this category include housekeepers, construction workers, agricultural laborers, and caregivers. The job requirements often involve physical labor or manual skills.

The Prerequisites for the EB-3 Visa

  1. PERM (Program Electronic Review Management): 

The employer must obtain a labor certification from the U.S. Department of Labor (DOL) through the PERM process.

  1. Qualification:

Qualification in one of the EB-3 Subcategories

  1. Full-Time Job Offer: 

The applicant must have a full-time job offer from a U.S. employer willing to sponsor their visa application.

  1. Employer's Ability to Pay: 

The employer must provide evidence of their ability to pay the employee's wages, usually demonstrated through financial documentation and records.

  1. Labor Certification Approval: 

The labor certification, obtained through the PERM process, must be approved by the DOL.

  1. Compliance with USCIS Requirements: 

The applicant must meet all the requirements set by the United States Citizenship and Immigration Services (USCIS).

  1. Visa Number Availability:

Availability of Visas is also required.

The Application Process:

The application process for the EB-3 Visa involves several steps, including:

  • Labor Certification:

Before applying for the visa, the U.S. employer must obtain a labor certification from (DOL). This certification ensures that hiring foreign workers will not negatively impact the U.S. job market.

  • Form I-140 Immigrant Petition:

Once the labor certification is approved, the employer files Form I-140, Petition for Employment-Based Immigrant Workers, on behalf of the employee. This form verifies the job offer and the applicant's qualifications.

  • Visa Number Availability

The availability of visa numbers is crucial to the EB-3 Visa application process. The number of EB-3 Visas issued yearly is subject to an annual limit, and demand often exceeds supply. If a visa whole number is not immediately available, the applicant may have to wait until their priority date becomes current before proceeding to the next step.

  • Visa Application and Adjustment of Status

Once the visa number becomes available, the applicant can take steps in the EB-3 Visa application process. If the applicant is residing outside the United States, they must apply for an immigrant visa at the U.S. embassy or consulate in their home country.

  • Visa Issuance and Entry to the United States

Upon completing the visa application or adjustment of status process, the applicant will be issued an immigrant visa or a green card, depending on their circumstances. The immigrant visa allows the applicant to travel to the United States, while a green card grants them lawful permanent resident status.

What is an EB-3 Immigration Visa for the U.S.? 

The EB-3 immigration visa is an employment-based immigration visa category in the United States. It is designed for foreign nationals with the necessary skills and qualifications to fill certain jobs in high demand within the U.S. job market. The EB-3 visa has three subcategories: skilled workers, professionals, and other workers. Skilled workers are individuals with at least two years of job experience or training in a specific occupation, while professionals hold a bachelor's degree or its equivalent and have a job offer that requires a professional degree. 

The other worker's category is for individuals performing unskilled labor that requires less than two years of training or experience. In all cases, a job offer from a U.S. employer is typically required, and the employer must demonstrate that no qualified U.S. workers are available for the position through a labor certification.

Getting the labor certification

Before filing an EB-3 visa petition, the U.S. employer must obtain a labor certification from the U.S. Department of Labor (DOL). This process involves demonstrating that no qualified U.S. workers are available for the position being offered to the foreign worker. The employer needs to go through recruitment efforts and fulfill specific requirements set by the DOL.

Filing the petition

Once the labor certification is obtained, the U.S. employer files Form I-140, Immigrant Petition for Alien Worker, through the U.S. Immigration Services (USCIS), and Citizenship  establishes the foreign worker's eligibility for the EB-3 visa and includes supporting documents such as job offer letters, educational qualifications, and proof of work experience.

Form DS-261, Choice of Address and Agent

Form DS-261 provides the U.S. Departments of State (DOS) with your preferred mailing address and your agent's name in the United States. The DOS's Consular Electronic Application Center (CEAC) system typically completes this form online.

Medical Examination and Vaccination

As part of the visa application process, applicants must undergo a medical examination by a designated panel physician. The physician will assess the applicant's overall health and may administer vaccinations according to the U.S. vaccination requirements.

Supporting Documents Filing

Applicants are required to gather and submit various supporting documents, including passports, birth certificates, marriage certificates, police certificates, and other relevant identification and background documentation. These documents help establish the applicant's eligibility and qualifications for the EB-3 visa.

Visa Interview

Once the petition is approved and the supporting documents are filed, the applicant will be scheduled for an interview at the U.S. embassy or consulate in their home country. During the EB-3 visa interview, a consular officer will review the applicant's documents, ask questions about their qualifications, and assess their eligibility for the EB-3 visa.

It's important to note that the specific EB-3 unskilled visa requirements and processes may vary, and it is advisable to consult with an immigration attorney or refer to the official USCIS and DOS websites for the most accurate and up-to-date information regarding the EB-3 visa application process.

Receive the NVC Package and Travel to the U.S.

Receiving the NVC package is a significant milestone in the immigration process for individuals seeking to travel to the United States. This package contains crucial documents and instructions that guide applicants through the next steps toward obtaining their immigrant visa. Upon receiving the NVC package, applicants must carefully review the instructions and complete the required forms, ensuring accuracy and attention to detail, gathering the necessary supporting documents, such as passports, birth certificates, and police clearance certificates. Once the forms and documents are completed, applicants must submit them to the NVC as instructed, either online or by mail. After the submission, a waiting period begins as the NVC processes the application and schedules an interview appointment at the U.S. Embassy or Consulate in the applicant's home country.

How to apply for EB-3 Visa

Here are the steps to apply for an EB-3 visa:

  • Job Offer: 
  • Labor Certification
  • Form I-140: 
  • Priority Date
  • Visa Availability 
  • Adjustment of Status or Consular Processing
  • Medical Examination
  • Biometrics Appointment
  • Visa Interview
  • Visa Approval

Ambar is an experienced immigration consultant specializing in the EB-3 visa application process. With a deep understanding of the requirements and procedures, Ambar provides expert guidance to individuals seeking employment-based immigration to the United States. Ambar is here to assist you with questions about job offers, labor certification, forms, or any other aspect of the EB-3 visa. Contact Ambar through the website's "Contact Us" page to schedule a consultation and receive personalized support on your EB-3 visa journey. Visit https://iasservices.org.uk/us/work/eb3-visa/ for more information and to get in touch with Ambar.

E.B. 3 visa Fee

Here are the various fees associated with the EB-3 visa application process:

  • Form I-140 Filing Fee
  • Premium Processing Fee (optional)
  • Form DS-260 Fee
  • Medical Examination Fee
  • Biometrics Fee
  • Visa Application Fee
  • Immigrant Fee

The specific fee amounts may vary, and it's important to check the official USCIS website or consult an immigration professional for the most up-to-date and accurate fee information.

Time For Getting EB3 Visa after Processing

The processing time for obtaining an EB-3 visa can vary depending on various factors, including the volume of applications, the workload of the processing agency, and the individual circumstances of each case. On average, the processing time for EB-3 visa can range from several months to over a year. The initial steps, such as labor certification and Form I-140 filing, can take several months to complete. The labor certification process alone can take several months to a year.

It involves advertising the job position, conducting recruitment efforts, and demonstrating that no qualified U.S. workers are available. Once Form I-140 is approved, the next step is either adjustment of status or consular processing. Adjustment of status within the U.S. can take several months. At the same time, consular processing from outside the U.S. can also take a similar amount of time, including scheduling a visa interview at the U.S. embassy or consulate.

Also Read: Proven Strategies to Reduce EB3 Processing Times & Eliminate Delays

Eb 3 Visa Denial

In regards to an EB-3 visa denial, if your EB-3 visa application is denied, you will typically receive a written notice explaining the reasons for the denial. The notice will also provide information on how to appeal the decision if you believe it was incorrect. It's important to carefully review the denial notice and consider consulting with an immigration attorney to understand your options and determine the best course of action.

EB3 Visa Holder Family Status

Regarding the family status of an EB-3 visa holder, once an individual receives an EB-3 visa and becomes a lawful permanent resident (green card holder), they can typically include their spouse and unmarried children under 21 in their application as derivative beneficiaries. The family members can also immigrate to the United States and receive green cards based on the primary EB-3 visa holder's status. However, the family members must meet the eligibility requirements and go through the appropriate application process.