What Are the Criteria for Qualifying for an EB-3 Visa for Skilled Workers?
Key Takeaways
- The EB-3 visa is for skilled workers, professionals, and unskilled workers filling permanent U.S. job positions.
- You need a job offer from a U.S. employer and must complete the PERM labor certification process.
- Processing times typically range from 18-24 months, depending on USCIS workload and visa availability. If you opt for premium processing, it may speed up the USCIS processing to just 15 days.
What Is an EB-3 Visa?
The EB-3 visa is a work-based green card allowing you to permanently live and work in the U.S. It’s available for:
- Skilled Workers: Jobs requiring at least two years of training or experience.
- Professionals: Positions that require at least a bachelor’s degree.
- Other Workers (Unskilled Labor): Jobs that need less than two years of training or experience.
To qualify, you must have a permanent, full-time job offer from a U.S. employer. Your employer must also go through the PERM labor certification process, proving that no qualified U.S. workers are available for the job.
Do You Qualify for an EB-3 Visa?
Your eligibility depends on your job category:
- Skilled Workers: You need at least two years of relevant work experience or training in a role that requires specific skills.
- Professionals: You must have a U.S. bachelor’s degree (or a foreign equivalent) in a field related to the job. The position must normally require a degree.
- Other Workers: If the job requires less than two years of training or experience, you can still qualify under this category. However, wait times for this category are often longer.
Regardless of the category, your U.S. employer must sponsor you and prove that no qualified American workers are available for the job.
What Documents Do You Need for an EB-3 Visa?
A strong application requires the right supporting documents, including:
- PERM Labor Certification: Your employer must submit this to show there are no available U.S. workers.
- Job Offer Letter: A signed letter from your employer with job details, salary, and proof they can pay you.
- Proof of Experience or Education:
- If applying as a skilled worker: Letters from past employers confirming at least two years of experience or training.
- If applying as a professional: Official transcripts and diplomas showing your bachelor’s degree. You may need a credential evaluation if your degree is from outside the U.S.
- Medical Examination: A required USCIS-approved medical exam to ensure you meet health requirements.
- Financial Proof: If needed, proof that you or your employer can financially support you in the U.S.
Submitting complete and accurate documents helps avoid delays and Requests for Evidence (RFEs) from USCIS.
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EB-3 Visa Costs and Processing Time
Applying for an EB-3 visa involves several costs. These costs change frequently, so it's important to check the USCIS website regularly for the most up-to-date information. Costs include:
- Form I-140 (Immigrant Petition): $715 plus additional fees, if applicable.
- PERM Labor Certification (paid by the employer): Varies depending on the cost of recruiting and advertising.
- Adjustment of Status (if applying within the U.S.): $1,440
- Consular Processing Fee (if applying from abroad): $345
- USCIS Immigrant Fee (for the production of the green card after approval): $235
- Premium Processing (optional for faster I-140 processing): $2,805
Processing times vary depending on USCIS's workload and your country of birth. Estimated timelines include:
- PERM Labor Certification: 3-8 months
- I-140 Petition Processing: 4-6 months (or 15 days with premium processing)
- Adjustment of Status or Consular Processing: 8-12 months
Most applicants complete the process within 8-24 months, but backlogs in certain countries can cause additional delays.
Benefits of the EB-3 visa
The EB-3 visa offers a variety of benefits for foreign workers seeking employment within the U.S. Some of these benefits include:
- A pathway to lawful permanent residency, allowing workers to live and work in the country
- Ability to bring eligible family members with you to the U.S. on derivative visas
- Employment flexibility, allowing workers to transfer jobs in the same or similar occupational category under certain conditions
- Potential eligibility to apply for U.S. citizenship status through the naturalization process
Need Help With Your EB-3 Visa?
The EB-3 visa process can be complex, especially with strict employer requirements. A lawyer can help you and your employer prepare the proper documentation, meet deadlines, and avoid costly mistakes. Marble is here to guide you through every step, making your path to permanent residency smoother and more efficient.
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