EB3 Visa (Worker's Green Card)

Your employer needs to submit Form ETA-9089 to the Department of Labor to get your labor certification. The form shows that your employer is willing to employ you and that there’s no US worker capable or available to perform your role.

Form ETA-9089 is available online on the Department of Labor website. It can be completed electronically. Your employer can also fill and submit this form by mail. They’ll need to provide supporting documents like payroll records, financial records, and proof of residency.

Submitting Form ETA-9089 for labor certification requires no application fee. It takes about 6 to 9 months for the form to be processed. This means your employer needs to submit the form as soon as possible. If the application is approved, you get your labor certification. You can then proceed to apply for the EB3 Visa.

The following documents are needed for your EB3 visa application.

• An international passport valid for at least 6 months.
• Two passport-sized photographs matching US visa requires
• Completed Form I-140 and Form I-907, if applicable
• Form I-140 and Form I-907 payment receipt, if applicable
• Birth certificate
• Government-issued identification, such as driver’s license
• Labor certification from the US Department of Labor
• Employer job offer
• Academic qualification documents
• Tax payment documents

You may also need to submit some other case-specific documents. Also, if any of your supporting documents is in other languages, you will need to translate them to English and certify them. The translated copies must be submitted along with original copies.

Alternatively, you’ll be able to present the original documents at the US Embassy during your interview. If you submit your original documents for petitioning, they’ll still be sent to the embassy for your interview.

The EB3 Visa takes a relatively long time to process. It can take between 1 and 3 years, depending on your country of origin. For some countries with a low annual visa cap, it can take up to 6 years. The processing time for PERM labor certification is about 6 to 9 months, as mentioned earlier.

Your visa application can be rejected if a US-based skilled, professional, or unskilled worker becomes available during this waiting period. This is why most employers opt to pay for premium processing services if they meet the requirement.

With premium processing which costs $2,500, your EB3 Visa will be processed within 15 calendar days. Counting starts from when USCIS receives your Form I-1907. You need to ensure you provide all the required items when submitting your Form, I-1907 application. The 15 days begins after the department receives all necessary documents for the application.

A medical examination is necessary before you attend your interview. All US immigrants must undergo a medical examination irrespective of their age. This is to prove that you’re healthy enough to live and work in the United States. You may also need to receive certain vaccinations.

The medical examination will be conducted by an authorized panel doctor. You can’t attend your interview or get your Visa approved with a medical certificate from a non-authorized doctor. There’s usually a list of panel doctors in different countries. The embassy can also recommend one for you.

As for vaccinations, you can provide proof of prior vaccinations from any licensed doctor in your home country. This may include vaccination for measles, polio, hepatitis A & B, and influenza.

A Visa interview is one of the major requirements in the EB3 application process. The interview is conducted in a US embassy or consulate in your home country. It’s not different from other US visa interviews. The purpose is to verify that the submitted information and documents are genuine.

Your interview date depends on the processing time of your Visa. You’ll be sent an appointment letter, most likely by email, with your interview date. It’s important to carry all necessary documents with you to your interview. However, you don’t have to go with copies of documents you’ve already submitted.

Before your interview, you may need to go for biometric services. At the interview, the immigration officer will ask you questions about yourself. If you provide all necessary documents and perform well at the interview, you should receive approval of your visa application at the end of the interview.

If your visa application is approved, your international passport gets the EB3 visa stamp. You’ll also receive a sealed packet which you shouldn’t open. The packet will be submitted to a US customs officer at your point of entry.

It’s important that you travel before the expiration date on your Visa. As an immigrant with an EB3 visa, your family can also travel with you to the United States.

An EB3 visa application may be denied for various reasons. The most common are fraud or misinterpretation of material facts. Some unqualified candidates try to obtain visas by providing fake documents and information. This is not advisable as you can ruin other future chances of getting a visa.

Your application can also be rejected if you have criminal records. This includes records of drug trafficking, armed robbery, and others in your home country or any other foreign country. If you overstayed your previous Visa in the US, your application could also be rejected. You can get a waiver if your application is rejected for not-too-serious reasons.

Your family members can apply for derivative visas under the EB3 category. This applies to spouses and unmarried children not up to 21 years old. The available visas include:

• E34 Visa: for spouses of skilled workers and professionals
• EW4 Visa: for spouses of unskilled workers or other workers
• E35 Visa: for children of skilled workers and professionals
• EW5 Visa: for children of unskilled or other workers