Building a future in the United States through the EB-3 visa program is a significant milestone for professionals, skilled workers, and laborers alike. At DP Legal Solutions, we provide comprehensive guidance based on official USCIS and Department of State protocols to help you navigate this complex journey.
Below is a structured guide to understanding the EB-3 visa process, requirements, and steps.
Your Pathway to a U.S. Green Card: The EB-3 Visa Guide
The EB-3 Employment-Based Immigration: Third Preference visa is designed for individuals who have a permanent, full-time job offer from a U.S. employer. Unlike some other categories, the EB-3 is inclusive, covering a wide range of skill sets from high-level professionals to essential unskilled workers.
1. Am I Eligible? Understanding the Three Categories
The EB-3 visa is divided into three distinct sub-categories:
- Skilled Workers: For persons whose jobs require a minimum of 2 years of training or work experience. This experience must be documented and not temporary or seasonal.
- Professionals: For persons whose job requires at least a U.S. baccalaureate degree or a foreign equivalent. You must be a member of the relevant profession.
- Other Workers (Unskilled Workers): For persons performing unskilled labor requiring less than 2 years of training or experience. These positions must be permanent and cannot be temporary or seasonal.
2. The Multi-Step Process
Obtaining an EB-3 visa is a collaborative effort between the employer and the employee, involving three major government agencies.
- Step 1: PERM Labor Certification (Department of Labor)
- Before a petition can be filed with USCIS, your employer must generally obtain an approved Labor Certification from the Department of Labor (DOL). The employer must prove that there are no qualified U.S. workers available, willing, and able to take the position at the prevailing wage.
- Step 2: Form I-140 Petition (USCIS)
- Once the Labor Certification is approved, the employer files Form I-140, Immigrant Petition for Alien Worker. This step confirms that the employer has the financial ability to pay the offered wage and that you meet the requirements for the position.
- Step 3: Immigrant Visa Processing or Adjustment of Status
Once your Priority Date (the date your PERM was filed) is current according to the National Visa Center (NVC) and the monthly Visa Bulletin:
- If you are outside the U.S.: You will undergo Consular Processing. The NVC will collect your civil documents and fees before scheduling an interview at a U.S. Embassy or Consulate.
- If you are inside the U.S.: You may be eligible to file Form I-485 to adjust your status to permanent resident without leaving the country.
3. Bringing Your Family
A major benefit of the EB-3 visa is the ability to include your loved ones. Your spouse and unmarried children under the age of 21 may be eligible to apply for their own Green Cards as “derivatives” of your petition, allowing your entire family to start a new life in the U.S. together.
4. Why Compliance Matters
The EB-3 process is subject to annual numerical limits and “retrogression” (backlogs). Monitoring the Department of State’s monthly Visa Bulletin is essential to know when you can take the final steps toward residency.
Start Your Journey with Confidence
Navigating the transition from a job offer to a Green Card requires precision and a deep understanding of federal regulations. Don’t leave your American Dream to chance.
Ready to take the next step? Contact DP Legal Solutions today for a professional consultation. We specialize in streamlining the EB-3 process, ensuring your documentation is accurate and your path to residency is clear.
