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EB-3 Visa Program

The EB-3 Visa is designed for foreign workers with varying levels of expertise and skills. Divided into three subcategories, it accommodates professionals, skilled workers, and unskilled workers. The program aims to address the U.S. labor market’s needs by allowing employers to sponsor foreign workers for permanent residency.

Key Categories of the EB-3 Visa

EB-3(A): Professionals with Advanced Degrees or Exceptional Abilities

The EB-3(A) category caters to professionals with advanced degrees or exceptional abilities in their field, requiring a sponsoring employer and the labor certification process.

EB-3(B): Skilled Workers

EB-3(B) is for skilled workers with at least two years of relevant work experience or training. The employer must demonstrate the unavailability of qualified U.S. workers for the position.

EB-3(C): Unskilled Workers (Other Workers)

The EB-3(C) category is for unskilled workers, often referred to as “other workers,” who perform work for which qualified U.S. workers are not available. The employer must again undergo the labor certification process.

Eligibility Criteria for the EB-3 Visa

EB-3(A): Professionals with Advanced Degrees or Exceptional Abilities

For EB-3(A) eligibility, applicants must hold an advanced degree or demonstrate exceptional abilities in their field. The employer must obtain a labor certification to confirm the unavailability of qualified U.S. workers.

EB-3(B): Skilled Workers

EB-3(B) applicants must possess at least two years of work experience or training, and the employer must demonstrate the lack of available qualified U.S. workers for the position.

EB-3(C): Unskilled Workers (Other Workers)

EB-3(C) applicants must be engaged in unskilled labor for which qualified U.S. workers are unavailable. The employer must complete the labor certification process.

Benefits of the EB-3 Visa

Path to Permanent Residency

One of the primary benefits of the EB-3 Visa is the opportunity for foreign workers to obtain U.S. permanent residency, allowing them to live and work in the U.S. indefinitely.

No Sponsorship Required for Skilled and Unskilled Workers

Unlike some other employment-based visas, the EB-3 Visa does not require workers in the skilled (EB-3(B)) and unskilled (EB-3(C)) categories to secure a sponsor. The employer, however, must undergo the labor certification process.

Inclusion of Dependents

EB-3 Visa holders can include their spouses and unmarried children under 21 in their green card application, providing them with the same benefits.

Application Process for the EB-3 Visa

Labor Certification Process

The employer initiates the EB-3 Visa application process by obtaining a labor certification from the U.S. Department of Labor (DOL). This process involves proving that there are no qualified U.S. workers available for the position.

Form I-140: Immigrant Petition for Alien Worker

Once the labor certification is approved, the employer files Form I-140, the Immigrant Petition for Alien Worker, with the USCIS to establish the worker’s eligibility for the EB-3 visa.

Adjustment of Status or Consular Processing

Upon approval of Form I-140, applicants can adjust their status if already in the U.S. or undergo consular processing if abroad.

Maintaining EB-3 Visa Status

EB-3 Visa holders must maintain their eligibility by continuing to work for the sponsoring employer in the position specified in the labor certification.

Need a EB3 Lawyer?

Our expert is here to assist you. Specializing in EB3 immigration law, they have a successful history in handling EB3 visas, ensuring your unique skills are acknowledged. We understand the value of your dreams and are committed to providing you with the best legal support. Our EB3 attorney is dedicated to making the immigration process straightforward and stress-free for you.