Understanding the EB-3 Visa: A Guide to Employment-Based U.S. Permanent Residency

The EB-3 visa is an employment-based immigrant visa category in the United States. It is intended for skilled workers, professionals, and o

ther workers (unskilled workers) to obtain permanent residency (a Green Card) based on a full-time job offer from a U.S. employer. Here are the key aspects of each of the three subcategories within the EB-3 classification:

1. Skilled Workers: This category is for individuals whose jobs require a minimum of two years of training or work experience. The employment must be permanent and full-time.

2. Professionals: These are individuals with a U.S. bachelor's degree or foreign equivalent who are applying for jobs that require at least a bachelor's degree. The degree must be related to the job offered.

3. Unskilled/Other Workers: This category includes individuals performing unskilled labor requiring less than two years of training or experience. The employment must be permanent and full-time.

Common Requirements and Process:

• Employer Sponsorship: The EB-3 requires a U.S. employer to sponsor the foreign worker. The employer must file a petition on behalf of the applicant.

• Labor Certification: The employer must obtain a labor certification (PERM) from the U.S. Department of Labor, demonstrating that there are no qualified U.S. workers available for the position and that employing a foreign worker will not adversely affect the wages and working conditions of similarly employed U.S. workers.

• Visa Petition: Once the labor certification is approved, the employer must file Form I-140 (Immigrant Petition for Alien Worker) with U.S. Citizenship and Immigration Services (USCIS).

• Adjustment of Status or Consular Processing: If the petition is approved and a visa number is available, the applicant can either adjust their status to a lawful permanent resident if they are already in the U.S. or go through consular processing in their home country.

• Family Members: The EB-3 visa allows the primary applicant's spouse and unmarried children under 21 years of age to apply for derivative status to accompany or join the primary applicant in the U.S.

The EB-3 visa provides a pathway to permanent residency and eventually citizenship for foreign workers and their families, contributing to a diverse and skilled U.S. workforce. Due to its demand and country-specific limits, there can be significant waiting times, especially for certain countries with high application volumes.