Family & Work Visa Plan Employment-based Third EB-3 visa

Employment-based Third EB-3 visa

One of the best ways to migrate to the United States is by applying for a Green Card after applying for an Employment-Based visa, or EB visa. EB visas are prioritized into five groups, with EB-3 enjoying third priority.

The EB-3 Visa is designed for Third Priority workers. It exists because most people would not fit the elevated and demanding requirements of the EB-1 and EB-2 visas such as exceptional ability, global recognition, and advanced education. The EB-3 visa, with less exacting requirements, makes room for skilled workers, professionals, and other workers. Though the EB-3 is less strict in its requirements, it also has a long waiting list because of its popularity. You cannot apply for an EB-3 visa without a prior job offer from a prospective US-based employer, who must take the first few steps in the visa application process.

The application process for an EB-3 visa begins when the prospective employer or agent applies to the Department of Labor for labor certification. If this is approved, the employer will file Form I-40 (Immigration Petition for Alien Worker) with the US Citizenship and Immigration Services (USCIS). Your EB-3 visa application process starts once this petition is approved.

The EB-3 visa category contains three sub-groups:

Skilled workers who have a minimum of 2 years of training or work experience.

Professionals who have a degree or its equivalent that is higher than required for the job.

Unskilled workers who have a minimum of 2 years of training or work experience.

How many EB-3 visas are available?

The US makes 140,000 EB visas available around October every year. These are divided among the five priority visas, EB-3 (28.6%), EB-3 (28.6%), EB-3 (28.6%), EB-4 (7.1%), and EB-5 (7.1%). These are divided equally among all countries from where EB visa applications are received, with the additional restriction that no one country may be issued more than 7% of the total number of EB visas.

Since the country limit is irrespective of size or population, this can create inequities. EB-3 applicants from populous countries such as India or China may face a long wait as other countries swallow up their quotas, leaving too few EB-3 visas for applicants from India and China.

The EB-3 visas number is boosted by the addition of unused visas from the EB-1 and EB-2 categories.

Who is eligible for an EB-3 visa?

The criteria for eligibility in the three EB-3 categories are specific and rigorous. You will be required to produce specific documentation that shows that you meet the stated criteria.

Skilled Worker: In this category, you must be able to prove that you have at least two years of job experience, education, or training relevant to the job you will be doing in the US, and matches the requirements specified on the labor certification. A post-secondary education might be taken as training.

Your prospective employer will have to prove that you will be performing work for which qualified workers are not available in the US.

Professionals: To be eligible for this category, you must have a US baccalaureate (Bachelor’s) degree or its foreign equivalent. A baccalaureate degree should be the normal requirement for the work you will be doing in the US. Education and experience will not be taken as substitutes for a baccalaureate degree.

Your prospective employer will have to prove that you will be performing work for which qualified workers are not available in the US.

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

Unskilled Workers, Other workers:  You must show that you can perform unskilled labor — that is, work requiring less than two years of training or experience — that is not of a temporary or seasonal nature.

Your prospective employer will have to prove that you will be performing work for which qualified workers are not available in the US.

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

How do you apply for an EB-3  visa?

Applying for the EB-3 visa is a 2-phase process. In the first phase, the prospective US employer petitions the Department of Labor for labor certification using ETA Form 9089. Once this is obtained, the US employer must file a petition to the USCIS using Form I-140, Immigrant Petition for Alien Worker.

Phase 2 is all yours, and consists of all the steps you must take to apply for your EB-3 visa once the USCIS grants your immigration petition. 

The entire process is described step by step below.

1. File ETA Form 9089 for labor certification. Your prospective employer will have to apply for labor certification for you by filing ETA Form 9089 with the Department of Labor. On this form, your US employer will declare that they could not find a suitable employee in the US for this post and would like to hire a foreign worker (namely, you) instead. If labor certification is denied, your application process will end right here.
2. File Form I-140, Immigration Petition for Alien Worker. Once again, this step is the responsibility of your prospective US employer. While filing the petition, the employer must also furnish documents to show that the company is financially stable. You may be asked to pay the filing fees for Form I-140, currently $700.

If the USCIS approves the petition, your prospective employer will be informed right away. Your case file will be sent to the National Visa Center (NVC) where it will be assigned a case number and invoice ID number. Once again, you will not be able to apply for an EB-3 visa if the petition fails to be approved.

3. You will receive a starter package from NVC. The NVC will notify you when they receive your petition file and also when your immigration visa number is about to become available. Your case number and invoice ID number will be bundled with instructions and detailed information on how to apply and mailed to you in your home country. Keep in mind that only 140,000 EB visas are made available every year. The NVC will dispatch your documents only when your priority date becomes current.

What is a priority date? The priority date is the day your Form I-140 petition is received by the USCIS. This is matched against the ‘final action dates’ listed in the visa bulletin that the Department of State releases each month. When your priority date meets the EB-3 final action date for your country, your date will become ‘current’. This means that an immigrant visa number is now available and you can move onto the next step.

If you are applying from a heavily populated country such as China or India, expect a longer priority date waiting time than others.

Once you receive the package from NVC, you can start the process of applying for an EB-3 visa at your home country’s U.S Embassy or Consulate.

4. File Form D-261: This relatively simple form, which you can fill and submit online, establishes a line between you and the NVC, and will contain your contact information and any other information that would make it easy to contact you during the application process. You start the process by entering the case number you received in the NVC starter kit. Once you have submitted the form, print out a copy of the confirmation page and number. You will need it later.
5. Get your medical tests and vaccinations. The NVC package will list the medical examinations and vaccinations that you will need before entering the US. Set up appointments to get all these required medical tests and vaccinations. Remember, medical documents must be signed by a registered, licensed doctor.
6. Compile the required documents. Once the NVC approves your form D-261 and gives you a date for the visa interview, put together the required documents. These will include —

• Passport valid for more than 6 months after the planned arrival date in the US
• Visa interview appointment letter
• An approved labor certification
• An approved petition
• Confirmation page of your Form DS-261
• Medical and vaccination documents signed by a registered doctor
• 2 photographs that conform with photo requirements
• Evidence that you fit for the category you are applying for
• Letters from former employers
• Documents proving you have no court or criminal record
• Any additional supporting documents that may be required by the NVC

7. Pay the visa fee: Once the NVC has processed your DS-261, you will be required to pay the processing fee of $230. You can pay this online by entering the case number you received from the NVC to start the process..

The fee invoices will become available at the NVC’s Consular Electronic Application Center after about a week, the time it takes for the NVC to process your DS-261 payment.

7. Go for the visa interview. You will receive an interview appointment letter from your local US Embassy or Consulate once the NVC has verified that your application is complete and acceptable. At this point, the NVC will transfer the file, containing your petition and documents, to the US Embassy or Consulate where the applicant will be interviewed for a visa.

The visa interview is a crucial step and will determine whether you get the EB-3 visa. Keep in mind that one of the most common reasons for visa denial is incomplete, inaccurate, or fraudulent paperwork. If you’ve carried out all the previous steps diligently, this final step will be that much smoother.

8. Receive your immigration package from the NVC: If your EB-3 visa is approved, the NVC will send you a package. Important: You are not authorized to open this package. Do not open it. Once you reach the US, present the package to the immigration officer. He is the only one authorized to open the package and determine if you have been granted access to the U.S or not.

The visa officer may request additional documents at his or her discretion and these requirements may vary from country to country.

How much does an EB-3 visa cost?

There can be up to five costs on the way to getting an EB-3 visa —

DOL Labor Certification fee (employer)

USCIS Form I-140 petition filing fee (employer) – $700

Form DS-261 processing fee (employee) – $230

Medical examination fees (employee)

Fees to get supporting documents (employee)

Any translation fees from foreign language to English (employee)

How long will the EB-3 visa processing take?

If your application is lucky enough to arrive before the yearly limit is reached, then you could expect your visa to be processed in a few months. However, this is not very likely because EB-3 visa allotments fill up rapidly. Typical waiting periods are one to three years and sometimes even as long as six years.

Need more help?

If you still feel that you would like to have professional help in making your application or would like to consult a lawyer who specializes in immigration and visa matters, you can explore some of your options, including how to access our exclusive list of professional immigration lawyers.

If you have questions or would like clarifications, please send us an email and we’ll do our best to get back to you within 24 hours with an answer.