Green Card Options for Other Workers (EB-3)

1. What types of jobs are eligible for an EB-3 green card?


The EB-3 green card is intended for skilled workers, professionals, and other workers. Eligible jobs include computer professionals, engineers, teachers, doctors and nurses, accountants, lawyers, scientists, architects, social workers, and a variety of other types of professionals. Lower-skilled workers may also qualify for the EB-3 green card if the job requires at least two years of experience or training.

2. What is the difference between EB-2 and EB-3 green cards?


EB-2 green cards are for individuals with advanced degrees or exceptional ability in the sciences, arts, or business. EB-3 green cards are for skilled workers, professionals, and other workers. The main difference is that EB-2 has higher eligibility requirements and thus applicants are typically approved more quickly.

3. How long does it take to receive an EB-3 green card?


The processing time for an EB-3 green card can vary depending on the applicant’s country of origin, the current processing time of the USCIS, and other factors. Generally speaking, the processing time for an EB-3 green card can take from 6 months all the way up to 2 years or more.

4. What are the requirements for an EB-3 green card application?


In order to apply for an EB-3 green card, the foreign national must:

1. Have a valid job offer from a U.S. employer;
2. The job must require at least two years of experience or training;
3. The job must be in a profession that is listed as an occupation on the U.S. Department of Labor’s List of Occupations Requiring Specialized Training;
4. The foreign national must possess the necessary qualifications and skills required for the position, as determined by U.S. labor market tests;
5. The foreign national must be able to demonstrate that he or she is not taking a job away from a U.S. worker;
6. The foreign national must meet all the requirements of the Immigration and Nationality Act (INA) and have all necessary documents for the application;
7. The foreign national must have a valid passport and be admissible to the United States;
8. The foreign national must have sufficient financial resources to support themselves upon arrival in the U.S.; and
9. The foreign national must have obtained an approved I-140 petition from the US Citizenship and Immigration Services (USCIS).

5. What is the filing fee for an EB-3 green card application?


As of 2021, the filing fee for an EB-3 green card application is $330. This fee is subject to change, so be sure to check the U.S. Citizenship and Immigration Services website for the most up-to-date fee information.

6. Who is eligible to apply for an EB-3 green card?


The EB-3 green card is available to people classified as “skilled workers,” “professionals,” and “other workers.” Skilled workers must have at least two years of work experience in a particular field, while professionals must have a bachelor’s degree or its equivalent. Other workers include agricultural, unskilled, and seasonal workers.

7. Is there a limit to the number of EB-3 green cards issued each year?


Yes, there is a limit to the number of EB-3 green cards issued each year. The limit is set at 28.6% of the total annual worldwide numerical limit for employment-based permanent visas, which is 140,000. This means that the maximum number of EB-3 green cards issued each year is 40,440.

8. Can I apply for an EB-3 green card if I already hold another type of visa?


Yes, you can apply for an EB-3 green card if you already hold another type of visa. In fact, many people who hold other types of nonimmigrant visas will eventually transition to a green card through the EB-3 category.

9. What happens if my EB-3 green card application is denied?


If your EB-3 green card application is denied, you may appeal the decision or file a motion to reopen or reconsider. You may also file a new application with new evidence to support your eligibility for an EB-3 green card. Please consult with an immigration attorney to discuss your options.

10. Can I apply for an EB-3 green card if I have a criminal record?


It depends on the severity and type of criminal record. Generally, the following criminal records will disqualify you from an EB-3 green card: any conviction of an aggravated felony, any conviction of a crime involving moral turpitude, a conviction of two or more crimes with a combined sentence of five years or more, and a conviction for any controlled substance violation (other than a single offense of possession of 30 grams or less of marijuana).

11. How does the U.S. government decide which applicants are granted an EB-3 green card?


The U.S. government uses a merit-based system to decide which applicants are granted an EB-3 green card. Factors like the applicant’s education, experience, and skillset are taken into consideration when making a decision. The applicant must also have a job offer from a U.S. employer and must demonstrate an ability to contribute to the U.S. economy in order to be approved for the green card.

12. Can I bring my family with me if I am granted an EB-3 green card?


Yes, you may bring your family members (spouse and unmarried children under the age of 21) with you if you are granted an EB-3 green card.

13. Does an employer need to sponsor me in order to apply for an EB-3 green card?


No, an employer does not need to sponsor you in order to apply for an EB-3 green card. However, you must be sponsored by a U.S. employer to be eligible for the EB-3 visa, which is the first step to obtaining a green card.

14. Can I work in the United States while my EB-3 green card application is being processed?


Yes, you may be eligible to work in the United States while your EB-3 green card application is being processed. You must have an approved Employment Authorization Document (EAD) from U.S. Citizenship and Immigration Services (USCIS) before you can start working. Your employer must also file an I-140 petition on your behalf before you can apply for the EAD.

15. What types of documentation do I need to submit with my EB-3 green card application?


In order to apply for an EB-3 green card, you must submit the following documents:

1. A Form I-140, Immigrant Petition for Alien Worker;
2. A completed and signed Form I-485, Application to Register Permanent Residence or Adjust Status;
3. A valid passport or other travel document;
4. Two passport-style photos;
5. Evidence to prove relationship to a qualifying relative or employer, such as birth and marriage certificates or employment contracts;
6. Proof of work experience and education, such as diplomas, transcripts, and references from past employers;
7. Proof of financial support, such as tax returns, bank statements, or pay stubs; and
8. Any additional documentation required to support your application, such as medical exam results or police clearances.

16. Will I be required to attend an interview in order to obtain an EB-3 green card?


Yes, you may be required to attend an interview as part of the process of obtaining an EB-3 green card. The interview will be conducted by a U.S. Citizenship and Immigration Services (USCIS) officer, who will examine your application and assess whether you meet the eligibility requirements for an EB-3 green card.

17. Will I be required to pass a physical examination in order to obtain an EB-3 green card?


No, you are not required to pass a physical examination in order to obtain an EB-3 Green Card. However, you must prove to the USCIS that you are medically admissible to the United States. This may include submitting a medical exam report and/or other documents, depending on the circumstances.

18. Are there any restrictions on my employment if I am granted an EB-3 green card?


Yes, there are restrictions. You must maintain the same job or occupation as the job described on your Form I-140 petition. You must also continue to work for the same employer who filed the Form I-140 petition and you cannot change employers without first obtaining a new labor certification. In addition, you must continue to meet all other requirements for the EB-3 green card.

19. Is it possible to extend my stay in the United States after receiving an EB-3 green card?


Yes, it is possible to extend your stay in the United States after receiving an EB-3 green card. However, you must file a new petition with U.S. Citizenship and Immigration Services (USCIS) in order to do so. Additionally, you must meet the requirements for eligibility to remain in the United States, including not having any criminal convictions or other issues that may affect your ability to remain in the country.

20. How do I renew my EB-3 green card once it expires?


You must file Form I-90, Application to Replace Permanent Resident Card, to renew an expired EB-3 green card. You will need to submit the form with supporting documents, such as a valid passport and two identical passport-style color photos. You may also need to provide evidence of your current immigration status. The current filing fee for Form I-90 is $455.