EB3 Visa: Skilled worker, Professional, or Other Worker

What is an EB3 Visa?

The EB-3 visa is a type of employment-based, third-preference visa for individuals who are skilled workers, professionals, or unskilled workers. It is intended for individuals who have a job offer from a U.S. employer and the employer is able to demonstrate that they are unable to find a qualified U.S. worker for the position.

To qualify for an EB-3 visa, an individual must have at least a bachelor’s degree or its equivalent, or have at least two years of experience in their field, or be able to demonstrate that the job requires less than 2 years of experience.

The EB-3 visa process typically involves an employer sponsoring the individual and a significant amount of documentation and evidence to demonstrate the individual’s qualifications. The process includes: obtaining a job offer, filing a Labor Certification Application (LCA) with the U.S. Department of Labor (DOL), filing an I-140 Immigrant Petition for Alien Worker with the U.S. Citizenship and Immigration Services (USCIS), and filing an I-485 Application to Register Permanent Residence or Adjust Status.

It’s important to note that EB-3 visa also has a per-country limit, so it might take longer for citizens of countries with high demand for EB-3 visas. Also, it’s advisable to consult an immigration attorney to ensure that all necessary documentation and evidence are included with the petition and that the application is properly prepared and filed.

Who Qualifies for EB3 Visa?

The EB-3 visa is a type of employment-based, third-preference visa for individuals who are skilled workers, professionals, or unskilled workers. To qualify for an EB-3 visa, an individual must meet the following criteria:

  • Skilled workers: Must have at least two years of experience in their field and a job offer from a U.S. employer.
  • Professionals: Must have at least a bachelor’s degree or its equivalent and a job offer from a U.S. employer.
  • Unskilled workers: Must be able to demonstrate that the job requires less than two years of experience and a job offer from a U.S. employer

It’s important to note that the U.S. employer must demonstrate that they are unable to find a qualified U.S. worker for the position.

How to Apply for EB3 Visa?

Applying for an EB-3 visa can be a complex process, and it’s important to be well-prepared. Here are the general steps to apply for an EB-3 visa:

  1. Obtain a job offer from a U.S. employer that requires an individual who are skilled workers, professionals, or unskilled workers.
  2. Obtain the necessary qualifications:
  • Skilled workers: At least two years of experience in the field.
  • Professionals: A bachelor’s degree or its equivalent.
  • Unskilled workers: The job requires less than two years of experience.
  1. The employer will need to file a Labor Certification Application (LCA) with the U.S. Department of Labor (DOL)
  2. The employer will then need to file an I-140 Immigrant Petition for Alien Worker with the U.S. Citizenship and Immigration Services (USCIS) and include extensive documentation and evidence to support the individual’s qualifications for the EB-3 visa.
  3. Once the I-140 petition is approved, the individual can then proceed with the next step of the process which is to file an I-485 Application to Register Permanent Residence or Adjust Status. If the individual is currently in the U.S. and eligible to file the I-485, the individual can file both the I-140 and the I-485 together. If the individual is outside the U.S. the individual will need to go through Consular Processing.
  4. Prepare for and attend the visa interview if required, and provide any additional documentation or information that the U.S. consulate or embassy may require.
  5. Wait for the final decision on the visa application.

What is the EB3 Visa Interview Process?

The EB-3 visa interview process will vary depending on whether the individual is applying through consular processing or adjusting status within the United States.

For consular processing, the individual will have an interview at a U.S. consulate or embassy after the I-140 petition is approved by USCIS. The individual will need to bring all required documentation to the interview, including the approved I-140 petition, a valid passport, and any other required documents. The consular officer will review the individual’s qualifications and documentation, and may ask questions about the individual’s background, education, work experience, and the job offer in the U.S. The consular officer will also verify the authenticity of the documents submitted.

For those applying for adjustment of status, the individual will have an interview with a USCIS officer after the I-485 application is filed. The interview will usually take place at a local USCIS office. The individual will need to bring all required documentation to the interview, including the approved I-140 petition, any required evidence, a valid passport, and any other required documents. The USCIS officer will review the individual’s qualifications and documentation, and may ask questions about the individual’s background, education, work experience, and the job offer in the U.S. The USCIS officer will also verify the authenticity of the documents submitted.

It’s important to prepare for the interview by reviewing all the documents and evidence submitted with the application, practicing answering potential questions, and being familiar with the job offer details. Also, it’s important to bring the original documents and copies of all the documents submitted with the application as they might be asked to present them during the interview.

What are the Required Documents for EB3 Visa?

The required documents for an EB-3 visa will vary depending on the specific circumstances of the individual’s case. However, some common documents that may be required include:

  • Approved I-140 petition: This is the form that the employer must file with USCIS to sponsor the individual for an EB-3 visa.
  • Job offer letter: This should include the job title, duties, salary, and the employer’s contact information.
  • Educational and professional qualifications: This may include diplomas, degrees, certificates, transcripts, and any other relevant qualifications.
  • Proof of experience: This could include resumes, CVs, or other documentation that demonstrates the individual’s work experience.
  • Proof of any licenses or certifications required for the job
  • Proof of any language proficiency required for the job
  • Passport: A valid passport is required to travel to the United States
  • Two passport-style photographs
  • Any other document that the U.S. Citizenship and Immigration Services (USCIS) or the U.S. consulate may require

What is the EB3 Visa Fee?

The EB-3 visa fee is a combination of various fees that are required to be paid at different stages of the EB-3 visa process. These fees include:

  • I-140 Immigrant Petition for Alien Worker fee: As of 2021, this fee is $700 for most EB-3 petitions.
  • I-485 Application to Register Permanent Residence or Adjust Status fee: As of 2021, this fee is $1,760 for most EB-3 petitions.
  • Medical examination fee: This fee will vary depending on the location and the doctor conducting the examination.
  • Biometrics fee: As of 2021, this fee is $85 for most EB-3 petitions.
  • Affidavit of Support fee: An employer or a relative who is a U.S. citizen or permanent resident may be required to file an Affidavit of Support (Form I-864) on the applicant’s behalf. The fee is $120.
  • Any additional fees that may be required by the U.S. consulate or embassy if the individual is applying through consular processing.

What is the EB3 Visa Processing Time?

The EB-3 visa processing time can vary depending on a number of factors, such as the individual’s circumstances, the workload of the U.S. Citizenship and Immigration Services (USCIS), and the U.S. consulate or embassy. Processing time can be affected by many factors, including the complexity of the case, the completeness of the application, and the demand for EB-3 visas. Additionally, the per-country limit may also affect the processing time for citizens of countries with high demand for EB-3 visas.

As of 2021, the processing time for the I-140 Immigrant Petition for Alien Worker (EB3 category) is around 6 months. The processing time for the I-485 Application to Register Permanent Residence or Adjust Status is around 3 months. However, it’s important to note that these processing times are estimates and may vary depending on the individual’s case.

EB3 Visa Frequently Asked Questions

Here are some frequently asked questions regarding the EB-3 visa process:

  1. What is the EB-3 visa?
    A: The EB-3 visa is a type of employment-based, third-preference visa for individuals who are skilled workers, professionals, or unskilled workers. It is intended for individuals who have a job offer from a U.S. employer and the employer is able to demonstrate that they are unable to find a qualified U.S. worker for the position.
  2. Who qualifies for an EB-3 visa?
    A: Individuals who have at least a bachelor’s degree or its equivalent, or have at least two years of experience in their field, or be able to demonstrate that the job requires less than 2 years of experience may qualify for an EB-3 visa.
  3. What is the EB-3 visa application process like?
    A: The EB-3 visa process typically involves an employer sponsoring the individual and a significant amount of documentation and evidence to demonstrate the individual’s qualifications. The process includes: obtaining a job offer, filing a Labor Certification Application (LCA) with the U.S. Department of Labor (DOL), filing an I-140 Immigrant Petition for Alien Worker with the U.S. Citizenship and Immigration Services (USCIS), and filing an I-485 Application to Register Permanent Residence or Adjust Status.
  4. What are the required documents for an EB-3 visa?
    A: The required documents for an EB-3 visa will vary depending on the specific circumstances of the individual’s case. However, some common documents that may be required include: Approved I-140 petition, job offer letter, educational and professional qualifications, evidence of experience, proof of salary or compensation, passport, two passport-style photographs, and any other document that the USCIS or the U.S. consulate may require.
  5. What is the EB-3 visa fee?
    A: The EB-3 visa fee is a combination of various fees that are required to be paid at different stages of the EB-3 visa process. These fees include: I-140 Immigrant Petition for Alien Worker fee, I-485 Application to Register Permanent Residence or Adjust Status fee, Medical examination fee, Biometrics fee, Affidavit of Support fee, and any additional fees that may be required by the U.S. consulate or embassy if the individual is applying through consular processing.
  6. What is the EB-3 visa processing time?
    A: The EB-3 visa processing time can vary depending on the individual’s circumstances, the workload of the U.S. Citizenship and Immigration Services (USCIS), and the U.S. consulate or embassy. It is also affected by the per-country limit, so it might take longer for specific countries.