Comprehensive Guide to Navigating the EB-3 Visa Process: Key Steps and Examples

1. Job Offer

Explanation: The process begins with a full-time, permanent job offer from a U.S. employer in a role that qualifies as skilled, professional, or unskilled work. Example: Suppose Maria, a skilled electrician from Spain, receives a job offer from a construction company in the U.S. to work on a long-term project.

2. Labor Certification (PERM)

Explanation: The U.S. employer must obtain a labor certification from the Department of Labor. This involves testing the labor market to ensure no qualified U.S. workers are available for the role and that employing a foreign worker won't negatively affect U.S. worker wages. Example: The construction company advertising Maria's position locally for several months, but can't find a qualified U.S. electrician who is willing to take the job. They document their recruitment efforts and file for PERM certification.

3. Form I-140 (Immigrant Petition for Alien Worker)

Explanation: After receiving the labor certification, the employer files Form I-140 with USCIS, formally petitioning for the foreign worker's visa. Example: Once the PERM is approved, the construction company files an I-140 for Maria. They include evidence of her qualifications, the job offer, and the approved labor certification.

4. Visa Number Availability and Priority Date

Explanation: The EB-3 visa has annual caps. The priority date is the worker's place in line and determines when they can apply for the visa. This date is usually when the labor certification or I-140 is filed. Example: Maria's priority date is set when her employer files the I-140. She regularly checks the Visa Bulletin to see when a visa might become available.

5. Adjustment of Status or Consular Processing

Explanation: Once the I-140 is approved and a visa number is available, applicants can adjust their status if they're in the U.S. or undergo consular processing abroad. Example: As Maria is currently in Spain, she opts for consular processing. She attends an interview at the U.S. consulate in Madrid and submits additional documentation.

6. Medical Examination and Biometrics

Explanation: Applicants need a medical exam from an approved physician and must provide fingerprints and photos. Example: Maria goes to a U.S. embassy-approved doctor in Spain for her medical examination and attends a biometrics appointment to provide fingerprints and a photograph.

7. Interview

Explanation: Applicants might be required to attend a visa interview at a U.S. embassy or consulate or, if adjusting status, with USCIS. Example: At her visa interview, Maria answers questions about her background, job in the U.S., and intentions. She brings her employment contract and medical examination results.

8. USCIS Immigrant Fee

Explanation: Before traveling to the U.S., visa recipients must pay the USCIS Immigrant Fee unless exempt. Example: Once her visa is approved, Maria pays the USCIS Immigrant Fee online before booking her flight to the U.S.

9. Family Members

Explanation: The primary applicant's spouse and unmarried children under 21 can apply for derivative status to accompany or follow the primary applicant. Example: Maria's husband and 16-year-old daughter also apply for derivative status. They undergo their medical exams and attend visa interviews.

Additional Notes:

Each of these components is critical to successfully navigating the EB-3 visa process. Due to the complexity and importance of these steps, many applicants and employers engage with immigration lawyers or consultants to guide them through the process.

Example: Throughout the process, Maria and her employer consult with an immigration lawyer to ensure all forms are filled out correctly and all steps are followed in compliance with the law. They stay in constant communication to update each other on progress and requirements.