The EB-3 Visa: A Pathway for Skilled Workers and Professionals

For individuals looking to immigrate to the United States through employment, the EB-3 visa offers a path to permanent residency for qualified skilled workers, professionals, and certain other workers. Unlike visas that require extraordinary skills or exceptional achievements, the EB-3 visa is accessible to a broader range of workers with essential skills and experience, making it a popular option for those seeking U.S. employment-based immigration.

In this guide, we’ll break down the EB-3 visa categories, eligibility requirements, and application process.

What is the EB-3 Visa?

The EB-3 visa is an employment-based third-preference visa for individuals with job offers in the U.S. It is divided into three main categories based on skill level:

Skilled Workers
Professionals
Other Workers

For each of these categories, applicants must have a permanent, full-time job offer from a U.S. employer who is willing to sponsor them. The sponsoring employer must demonstrate a need for the applicant’s skills and prove that there are no qualified U.S. workers available for the role.

Categories of the EB-3 Visa and Eligibility Requirements

1. Skilled Workers

This category is for individuals performing jobs that require at least two years of training or experience. These positions are not considered temporary or seasonal. Examples of roles that qualify as skilled work include technicians, trade workers, and skilled laborers.

To qualify as a skilled worker, applicants must:

Have a job offer from a U.S. employer for a position requiring two years of experience or more.
Provide evidence of their work experience and training.
Demonstrate that they are qualified for the position.

2. Professionals

The Professionals category is tailored for individuals with a U.S. bachelor’s degree or its foreign equivalent in a field related to their job offer. This is ideal for individuals in roles that require a degree, such as engineers, teachers, and accountants.

To qualify as a professional, applicants must:

Have a bachelor’s degree or higher from an accredited institution in a field related to their job.
Show that the job requires their specific level of education.
Provide proof of their educational qualifications.

3. Other Workers

The Other Workers category includes unskilled roles that require less than two years of experience or training. These positions are often in industries such as hospitality, retail, and other support services. Though this category allows workers with limited experience, the process can be longer due to high demand.

To qualify as an “other worker,” applicants must:

Have a job offer for a position that requires less than two years of training or experience.
Meet the physical and skill requirements of the job.

The Importance of a Job Offer and Labor Certification

A key requirement for the EB-3 visa is having a permanent job offer from a U.S. employer. Unlike some visas that allow self-petitioning, the EB-3 requires employer sponsorship. Additionally, the employer must obtain a Permanent Labor Certification (PERM) from the Department of Labor (DOL). This certification process ensures that hiring a foreign worker will not negatively impact the job opportunities or wages of U.S. workers in the same field.

The PERM process includes:

Advertising the Job: Employers must post the job for a specific period to see if any qualified U.S. workers are available.
Filing for Certification: If no qualified U.S. workers are available, the employer submits the PERM application to the DOL.

Once the PERM certification is approved, the employer can move forward with filing an Immigrant Petition for Alien Worker (Form I-140) on behalf of the applicant.

Steps to Apply for the EB-3 Visa

Employer Sponsorship: Find a U.S. employer willing to sponsor you for a full-time, permanent position. The employer must begin the PERM certification process.
PERM Labor Certification: Your employer completes the labor certification to demonstrate the unavailability of qualified U.S. workers for the role.
Form I-140: After the DOL approves the PERM certification, your employer files Form I-140 with the U.S. Citizenship and Immigration Services (USCIS).
Wait for Priority Date: Once Form I-140 is filed, a priority date is established. Applicants must wait until their priority date is current based on the Visa Bulletin before proceeding to the next step.
Consular Processing or Adjustment of Status: If you are outside the U.S., you will go through consular processing at a U.S. embassy or consulate in your country. If you are already in the U.S. on a valid visa, you may be eligible for an Adjustment of Status to a green card.

Key Benefits of the EB-3 Visa

Direct Path to Green Card: The EB-3 visa provides a clear route to obtaining U.S. permanent residency.
Broad Eligibility Criteria: Unlike some visas that require extraordinary abilities or specialized skills, the EB-3 visa is accessible to a range of workers with varying levels of experience and education.
Job Stability: The EB-3 visa is ideal for those seeking long-term employment in the U.S., as it requires a permanent job offer.

Is the EB-3 Visa Right for You?

If you are a skilled worker, professional, or even an unskilled worker with a job offer from a U.S. employer, the EB-3 visa could be the right choice. With a wide range of eligible fields and positions, the EB-3 is one of the most versatile employment-based visas, providing a direct path to a green card for many workers.

Considering the EB-3 Visa? We Are Here to Help!

Navigating the EB-3 visa process can be complex, but you don’t have to do it alone. At Expath Legal, we’re committed to guiding you through each step, from the initial application to securing your green card. Send us your resume and book a free consultation by reaching out at contact@expathlegal.com or message us on WhatsApp at 310-890-2995. Let us help you take the next step toward your U.S. permanent residency!