EB3 Visa (Worker’s Green Card)

What is an EB3 Visa?

EB3 is the third preference of the US employment-based immigrant visa. It is one of the five employment-based green card categories that enable foreign professionals to live and work in the US permanently. An employee must have a valid full-time job offer from a U.S. employer willing and able to sponsor them to work in the U.S. and petition on their behalf using the I-140 petition form.

During the sponsorship process, the employer must receive a PERM labor certification to prove there are no qualified US workers able to fill the position. If eligible to sponsor an employee, an employer can recruit from three categories of applicants, all with different eligibility requirements:

• Skilled Workers
• Professionals
• Unskilled or other Workers

Up to 40,040 petitions are allowed to be processed each year. Once the cap is met, applications will be carried over to the following year. Due to its relatively easy eligibility criteria compared to other worker green card categories, individuals who don’t qualify for the EB-1 or EB-2 green card categories can leverage the EB-3 visa to immigrate and secure employment in the US. However, waiting times can be long, and applications can be complex.

Who is eligible for the EB3 Visa?

The eligibility requirements for the EB3 Visa differ for each of the three categories of eligible applicants. The United States Citizenship and Immigration Services (USCIS) defines each of the three categories and applies differing eligibility criteria.

Skilled Workers

• Workers who have at least 2 years of experience in their area of expertise.
• Relevant post-secondary school education may be considered as training
• You must be working in a role for which there is an unavailability of qualified US workers.

Professionals

• You must be performing a role for which no skilled worker in the US is available.
• You must have adequate job experience in your professional field.
• You must have a US college bachelor’s degree or a foreign degree equivalent from any country.

Unskilled or Other Workers

• You must be performing a role that no worker in the US is available for
• You must be able to perform non-seasonal and permanent unskilled labor

All three categories of the EB3 Visa require a labor certification and a full-time or permanent job offer from a US employer. The labor certification must be approved by the US Department of Labor.

PERM Labor Certification

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.

What is the application process for the EB3 Visa?

Just like most other employment-based processes, employers are responsible for filing the EB3 visa applications. In other words, you cannot self-petition your application. The application process involves filling out and submitting Form I-140.

Form I-140

Form I-140 is known as the Immigrant Petition for Alien Workers form. It is divided into various parts to capture necessary information about the employer and the beneficiary (employee). Your employer must provide information about their company or themselves. This includes names/company names, SSN or IRS tax numbers, and mailing addresses.

Your employer must also provide necessary information about you, the employee, or the beneficiary. This includes name, home country, and date of birth. Form I-140 will be submitted by mail.

After submission, you’ll get a notice confirming that USCIS has received your application. Your employer may also submit Form I-140 with Form I-907 if they want expedited processing.

Form I-907

Form I-907, Request for Premium Processing, is an optional service that enables petitioners to receive a decision on their petitions within 15 days. The EB3 visa application can take a considerable amount of time to process. Your employer may fill out and submit Form I-907 to request expedited processing of your application. Premium processing is only possible if your employer passes an on-site inspection. Also, it requires an additional application fee.

EB3 Application Fees

The filing fee for Form I-140 is $715, while the filing fee for Form I-907, which is used for premium processing, is $2,805. Your employer, as the petitioner, is the one to pay these fees and not you.

Your employer must pay these fees before submitting the forms. The payment receipt must be included as a supporting document. The fee for Form-1907 is non-refundable, whether your petition is approved or denied.

Additional fees, aside from the official application fees, may also apply. You may be required to pay for medical examinations and vaccinations. Fees may also apply for translations or a translator for your visa interview, if needed. These other costs are not fixed. They vary from country to country.

Documents You’ll Need

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 requirements
• 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 a 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 different 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.

How long does it take to process an EB3 Visa?

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 requirements.

With premium processing, which costs $2,805, 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.

Medical Examination and Vaccination

A medical examination is necessary before you attend your interview. All U.S. immigrants, regardless of age, are required to undergo a medical exam. 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 vaccinations for measles, polio, hepatitis A & B, and influenza.

EB3 Visa Interview

A Visa interview is one of the significant 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 essential to bring all necessary documents 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 will be stamped with the EB3 visa. 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.

You must 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.

EB3 Visa Denial

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 it can jeopardise future visa opportunities.

Your application can also be rejected if you have a criminal record. 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 denied for not-too-serious reasons.

Family of EB3 Green Card Holders

Your family members can apply for derivative visas under the EB3 category. This applies to spouses and unmarried children under 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