EB-3 visa

In this article you will find 2024 information for the EB-3 visa category. This immigrant visa for the US is just one of those you will find in our complete guide to the main types of American visas.

The EB-3 visa opens the path to obtain a Green Card through employment, in a similar way as the EB-1 visa. In addition to the information you will find in this article, you should know that you can get the legal support of the best immigration lawyers in Los Angeles. Call our law firm today and we will be happy to answer your questions about EB-3 category or any other type of immigration matter. 

Subcategories for the third preference EB-3 visa 

This immigrant visa includes skilled workers, professionals, and other workers. We will explain these terms below under the concept of US law.

• Skilled workers: Refers to those individuals where their job requires a minimum of 2 years of work experience or training. This will not be temporary or seasonal in nature.
• Professionals: These are people whose job requires at least a US bachelor’s degree or the equivalent abroad. You are also required to be a professional.
• Other workers: The term refers to those individuals who perform unskilled labor that requires at least 2 years of experience or training. These works will not be temporary or seasonal in any case.

EB-3 visa eligibility

Below we show you the evidence and certification criteria required for the three subcategories.

Skilled workers

• 2 years of work experience, education or training must be demonstrated that meets the requirements specified in the labor certification.
• Relevant post-secondary education could be considered as training.     
• The job to be done must be one in which there are no qualified workers available in the US.

Professionals

• Must demonstrate proof of a US bachelor’s degree or its equivalent abroad. In addition, this title is the normal requirement that is needed for the job position.
• The job to be done must be one in which there are no qualified workers available in the US.
• Education and experience cannot be substituted for a high school degree.
• Any other requirements specified in the labor certification must be met. 

Other workers (Unskilled)

• Ability to perform unskilled work that requires less than 2 years of experience or training must be demonstrated. This should not be seasonal or temporary in nature.
• The job to be done must be one in which there are no qualified workers available in the US.
• Here, too, any other requirement specified in the labor certification must be met. 

Certification: All three subcategories require a labor certification and a permanent full-time job offer. 

Labor Certification from the US Department of Labor

As a general rule, EB-3 visa petitions must be accompanied by an individual labor certification approved and issued by the Department of Labor using form ETA-9089. 

In certain cases, petitions may be submitted to USCIS with an uncertified ETA-9089 for consideration as Schedule A, Group I. For more information regarding this, visit Volume 6, Part E, Chapter 7 of the USCIS policy manual.

You can also consult the link to the foreign labor force certification in the Department of Labor or contact our lawyers directly.

How to apply for the EB-3 visa

The petitioner (employer) must file Form I-140 for the alien worker petition. 

The employer must be able to demonstrate a constant ability to pay the foreign employee from the priority date of the visa. This is part of the process. For this you can resort to the federal tax return, an audited financial statement or an annual report that demonstrates such ability to meet the payment.

You have extensive information in USCIS’s fees payment section.

Relatives of EB-3 visa holders

With the approved Form I-140, the spouse and unmarried children under the age of 21 of the EB-3 holder may be eligible to be admitted to the US under one of the following categories:

• E34: Spouse of a skilled or professional worker;
• EW4: Spouse of another type of worker;
• E35: Child of a specialized or professional worker;
• EW5: Son of another type of worker.

In case you have not been able to bring your relatives to the US through an EB-3 visa category, do not worry, there may be other alternatives for your family regarding family-based immigration.

Can I become a US citizen with an EB-3 visa?

Individuals holding an EB-3 visa may become eligible to become US citizens through naturalization. This process is the same as for every Green Card, aliens who are eligible will be able to become a US citizen after a few years.

How long does it take to get the EB-3 visa?

On average, the time it takes to process the I-140 form is approximately 6 months, in some cases it can take longer and even up to 2 years.

It is possible to speed up the process to approximately 15 days by filing with USCIS Form I-907, request for priority processing.

How much does it cost to apply for the EB-3 visa?

There are several costs involved in obtaining the EB-3 visa. The US employer will pay for the alien employee most of these after the labor certification has been approved. The main fees include:

• Filing fee for Form I-140, which costs $700. If you file the I-907 to expedite the EB-3 petition process, there will be an additional fee of $2,500.
• If the alien employee is legally within the US, they can make an adjustment of status through Form I-485 , application for registration of permanent residence or adjustment of status, whose price is $1,225.
• If you are coming from abroad, you will need to pay a visa application fee, which is $345.
• Other costs are associated with the medical exam, required vaccinations, transportation to the US consulate, airfare and others. 

Immigration lawyers to process the EB-3 visa

If you need assistance on the EB-3 immigrant visa, the EB-5 visa, EB-2 or any other visa for the USA, do not hesitate to send us your inquiry. At Lluis Law we have been helping immigrants with all kinds of cases for more than 40 years. 

The firm has a dedicated team with specialists in all types of visas, including EB-3, where they can answer any questions you may have. Our immigration attorneys have helped countless alien workers obtain lawful permanent residence in the US through EB-3 visa and other possible legal methods.