EB-3 Visa Green Card Option - Employment Based Third Preference Visa

The EB-3 visa is reserved for skilled workers, professionals, or other workers. Contact an immigration lawyer at our office which serves clients across the United States in all U.S.A. immigration matters. We have over 25 years of experience in immigration cases, including vast experience with EB-3 visa cases.

1. EB-3 Skilled Workers Requirements

To qualify as a skilled worker for an EB-3 visa, your position must require more than 2 years of experience, and must be a full-time position. The position cannot be temporary or seasonal in nature.

  • You must provide evidence of at least two years of training or work experience in your field
  • You must provide evidence that there are no qualified workers for your position available in the United States
  • You must obtain Labor Certification and a full-time job offer from a U.S. employer

2. EB-3 Professionals Requirements

To qualify as a professional for an Eb-3 visa your position must require a U.S. baccalaureate degree or its equivalent and be a member of the profession.

  • You must provide evidence that you have earned a U.S. baccalaureate or its U.S. equivalent
  • You must show that a baccalaureate is required for your position
  • You must obtain Labor Certification and a full-time job offer from a U.S. employer

3. EB-3 Visa Unskilled Workers (Other Workers) Requirements

To qualify in the “other workers” category for the EB-3 visa, the position should demand unskilled labor and should generally demand less than 2 years of training experience. The work must not be temporary or seasonal in nature.

  • you must provide evidence that your full-time position requires less than 2 years of work experience and that U.S. workers are not available or qualified for the position in which you seek
  • you must obtain Labor Certification and a full-time job offer from a U.S employer

EB-3 Visa Labor Certification & Application Process

EB-3 Visa petitions must be filed along with an approved labor certification document from the Department of Labor, on Form ETA-9089.

EB-3 Visa Application Process:

  • The U.S. employer must file Form I-140, Petition for Alien Worker along with ETA-9089 from the U.S. Department of Labor
  • The U.S. employer must have the ability to pay the foreign national. Evidence in the form of tax returns, audited financial statements, or pay stubs will suffice

EB-3 Visa FAQ

Can I bring my husband or wife and dependent children to the United Sates while on an EB-3 visa?

Yes, your spouse and dependent children under 18 years of age may enter the United States with you while you are on an EB-3 visa. Your spouse will be given E34 if you are a professional or skilled worker, or your spouse will be given an EW4, if you are an unskilled worker. Children of skilled workers or professionals will be given E35 status, while children of unskilled workers will be given EW5 status.

Can my spouse obtain employment authorization while I am on an EB-3 visa?

When you apply for permanent residence (apply to become a green card holder), your wife will be able to obtain Employment Authorization by filing an Employment Authorization Document (EAD).

Can my children attend school, college, or university while I am on an EB-3 visa?

Yes, your children may attend school, college, university, or other institute of higher learning while you are on an EB-3 visa. Children of EB-3 visa holders do not need to obtain separate student visas.

What is the priority date for an EB-3 visa?

The priority date is the date in which the employer filed the labor certification application with the Department of Labor.

When can I apply for an EB-3 visa?

In order to find out when you can apply for the EB-3 visa, please visit the U.S. Department of State’s visa bulletin: http://travel.state.gov/visa/bulletin/bulletin_1360.html. The priority date “C” or “Current” indicates that green cards are available at the time.

What are the disadvantages of the EB-3 visa?

The main disadvantage of the EB-3 visa process is the long wait time. In order to get around long wait times, many workers come into the United States on an H-1B or change to H-1B status until their EB-3 priority date becomes current. You may renew your H-1B visa as long as you continue to meet the H-1B visa requirements. When your priority date becomes current, you may change to EB-3 status and apply for a green card.

Can I apply for the EB-3 visa without an immigration attorney?

Yes, you may apply for an EB-3 visa without an attorney, however, the EB-3 process is long and complicated. An attorney can assist you with the filing of the petition and review all necessary documentation. Although the employer may file the petition on their own, an experienced attorney will confirm whether or not the foreign national is qualified for the position based on the employer’s requirements.

Written by:Mark Carmel