EB-3 Visa|EB3 Visa Lawyer

The EB-3 visa is an employment-based pathway to U.S. permanent residence (Green Card) for foreign workers filling permanent, full-time roles with U.S. employers. This category is designed to support a wide range of occupations, including professionals, skilled workers, and certain other workers where qualified U.S. candidates are unavailable.

For individuals seeking long-term stability in the United States and for employers facing labor shortages the EB-3 visa can be a practical and accessible immigration solution.

What Is the EB-3 Visa?

The EB-3 visa allows eligible foreign workers and their immediate family members to live and work permanently in the United States. Unlike higher-preference categories, EB-3 does not require extraordinary credentials or advanced degrees, making it one of the most commonly used employment-based green card options.

To qualify, a U.S. employer must offer a permanent, full-time position and complete the required labor certification process to demonstrate that no qualified U.S. workers are available for the role.

EB-3 Visa Categories

Applicants may qualify under one of three EB-3 subcategories:

Skilled Workers

Individuals with at least two years of job experience, training, or education related to the position being offered.

Professionals

Workers whose position requires a U.S. bachelor’s degree or foreign equivalent, and who possess the required academic credential. Education or experience cannot be substituted for the degree requirement.

Other (Unskilled) Workers

Individuals performing work that requires less than two years of training or experience, provided the job is permanent and not seasonal or temporary.

Who Can Apply for an EB-3 Visa?

The EB-3 category is suitable for a broad range of workers, including those with or without university degrees, as long as they:

• Have a qualifying job offer from a U.S. employer

• Meet the minimum requirements for the position

• Are being sponsored for a permanent, full-time role

Self-employed individuals, independent contractors, and part-time workers generally do not qualify under EB-3, as the visa is tied to employer sponsorship.

EB-3 Application Process (Overview)

The EB-3 process involves coordination between the U.S. employer and the foreign worker and typically includes the following steps:

1. PERM Labor Certification

The employer must first obtain an approved PERM labor certification from the U.S. Department of Labor. This step confirms that:

• The position is available to U.S. workers

• The employer tested the labor market

• Hiring a foreign worker will not negatively impact U.S. wages or working conditions

2. Immigrant Petition (Form I-140)

After PERM approval, the employer files Form I-140 with U.S. Citizenship and Immigration Services (USCIS) to classify the worker under the EB-3 category.

3. Green Card Application

Once a visa number becomes available, the foreign worker may proceed with:

• Adjustment of Status (if legally present in the U.S.), or

• Consular Processing at a U.S. embassy or consulate abroad

Understanding the PERM Labor Certification

The PERM process is one of the most critical and sensitive stages of the EB-3 journey. Employers must carefully follow strict recruitment and documentation rules, including:

• Defining the job’s minimum qualifications

• Obtaining a prevailing wage determination

• Conducting required recruitment efforts

• Documenting the recruitment process in detail

Errors or inconsistencies can result in audits or delays, making proper preparation essential.

Employer’s Ability to Pay

As part of the I-140 petition, the employer must demonstrate the financial ability to pay the offered wage from the priority date onward. This is typically shown through tax returns, financial statements, or other acceptable documentation.

The foreign worker must also submit evidence proving they meet the qualifications listed in the labor certification.

EB-3 Visa Processing Times

Processing times vary based on government workload, audits, and visa availability. On average, the EB-3 process may take approximately 16 to 22 months, though timelines can be longer in some cases.

USCIS offers premium processing for the I-140 stage, which provides a response within 15 business days for an additional fee.

Key EB-3 Requirements Summary

To qualify, an EB-3 applicant must generally have:

• A permanent, full-time job offer

• An approved PERM labor certification

• The minimum education, training, or experience required for the role

• A sponsoring employer that meets wage and recruitment requirements

How Crightney Immigration Can Help

The EB-3 process is highly technical and requires careful coordination between employer and worker. We assist by:

• Assessing EB-3 eligibility for both employers and employees

• Advising on job classification and requirements

• Supporting PERM strategy and compliance

• Preparing I-140 petitions and supporting evidence

• Guiding applicants through consular processing or adjustment of status

Our focus is on helping clients navigate the EB-3 process efficiently while minimizing risk and delay.

Considering the EB-3 Visa?

If you are a foreign worker with a U.S. job offer or an employer seeking long-term staffing solutions the EB-3 visa may be a viable path to permanent residence.

Speak With an Immigration Professional 

Speak with an immigration professional to evaluate your options and determine the best strategy for your situation.

U.S. Immigration Disclaimer
Crightney Immigration provides immigration consulting and administrative support services. U.S. immigration matters may involve collaboration with U.S. licensed attorneys where required by law. This website provides general information only and does not constitute legal advice or create an attorney-client relationship.