EB-3 Visa
Employment-Based Immigration: Third Preference EB-3
This will also feature our affiliate Immigration Attorney, Antonio C. Martinez II Esq.
The EB-3 Visa is a third-preference employment-based immigrant visa category for skilled workers, professionals, and other workers seeking permanent residency in the United States.
It's one of the five main pathways to Green Cards through employment.
Who qualifies?
Skilled Workers: Individuals with at least two years of training or experience in a specific area and whose job requires those skills (e.g., construction workers, technicians)
Professionals: Individuals who hold a U.S. bachelor's degree (or equivalent foreign degree) and are members of a profession requiring such qualifications (e.g., nurses, accountants, engineers)
Other Workers: Individuals who perform unskilled labor (less than two years of training or experience) not readily available in the United States and for whom employers have obtained labor certifications.
Benefits EB-3 Visa:
Path to Green Card: The EB-3 Visa eventually leads to permanent residency in the US, allowing you to live and work freely.
Family Sponsorship: Spouses and unmarried children under 21 can also obtain Green Cards under the EB-3 Visa holder.
Relatively flexible: Compared to other employment-based visas, the EB-3 category has less stringent requirements for education and experience.
Challenges EB-3 Visa:
Long processing times: Processing times for EB-3 Visas can be lengthy, often exceeding several years.
Priority dates: Each EB-3 subcategory has a visa availability date, and applications are processed in order of the filing date. This can significantly impact processing times.
Labor certification (for other workers): Obtaining a labor certification for "other workers" can be complex and involve additional processing steps.
Application Process EB-3 Visa:
Form I-140, Immigrant Petition for Alien Worker: Your employer files this form with USCIS, along with supporting documentation demonstrating your qualifications and the job offer details.
Priority date: Upon filing, you receive a priority date, which determines your place in the queue for visa availability. Be aware of visa backlogs, especially for certain subcategories.
Processing time: Processing times can vary significantly, potentially exceeding several years. Track your case status through USCIS online tools and maintain active communication with your employer and attorney.
Consular Processing and EB-3 Visa Issuance:
Form DS-260, Online Immigrant Visa Application: Once Form I-140 is approved, you complete this online form and schedule an interview at the US consulate or embassy in your home country.
Interview preparation: Gather additional documents (educational certificates, work experience records, medical reports) and prepare for potential interview questions about your qualifications and job offer.
Visa interview: Attend your interview and answer questions confidently and truthfully about your background, skills, and intentions.
Visa issuance: If successful, you'll receive your EB-3 Visa and can enter the US to begin your permanent residency journey.
Additional Tips:
Consult with an immigration attorney: Seeking professional guidance throughout the process is crucial, as it's complex and prone to errors.
Be patient and persistent: Processing times can be lengthy, so stay informed and actively manage your case.
Maintain valid documentation: Ensure all required documents are current and valid throughout the process.