The EB-3 visa provides an employment-based pathway to U.S. permanent residency (green card status). It applies to individuals with varying levels of experience and education who are seeking long-term employment in the United States. Unlike certain other employment-based visa categories, all EB-3 subcategories require a valid, full-time job offer and sponsorship from a U.S. employer.
The EB-3 visa is divided into three subcategories:
- Skilled Workers: Individuals performing work that requires at least two years of training or experience, not of a temporary or seasonal nature.
- Professionals: Individuals who hold at least a U.S. bachelor’s degree or foreign equivalent and belong to a recognized profession.
- Unskilled Workers (Other Workers): Individuals performing labor that requires less than two years of training or experience, provided the work is not temporary or seasonal.
Regardless of the subcategory, all EB-3 petitions must be supported by a certified Labor Certification from the Department of Labor (DOL) and evidence that the sponsoring employer can pay the offered wage.
EB-3 Visa Qualifications
Skilled Workers
Applicants under this subcategory must demonstrate at least two years of specialized training or work experience in the field relevant to the offered position. The job itself must require at least two years of experience and cannot be temporary or seasonal. Relevant post-secondary education may be considered equivalent to training.
Evidence may include:
- Official academic records showing completion of post-secondary education related to the occupation.
- Letters from current or former employers documenting at least two years of full-time employment or specialized training.
Professionals
Professionals must hold at least a U.S. bachelor’s degree or a foreign equivalent, and the job for which they are being sponsored must normally require such a degree for entry into the occupation. Education and experience cannot be substituted for the degree requirement.
Evidence may include:
- Official academic records confirming completion of a qualifying degree.
- Documentation showing the position requires a degree in the specific field.
Unskilled Workers (Other Workers)
This subcategory applies to individuals performing unskilled labor requiring less than two years of training or experience, provided the work is not temporary or seasonal. Applicants must meet all requirements specified on the labor certification.
Evidence may include:
- Documentation confirming the applicant meets any minimal educational or training requirements listed in the labor certification.
Labor Certification and Petition Process
Before the EB-3 petition can be filed, the sponsoring employer must obtain an approved Labor Certification from the Department of Labor. This process verifies that:
- There are no qualified U.S. workers available to fill the position;
- Hiring the foreign national will not adversely affect the wages or working conditions of U.S. workers; and
- The employer is offering at least the prevailing wage for the occupation and location.
After the DOL certifies the labor application, the employer files Form I-140, Immigrant Petition for Alien Workers, with USCIS. Premium processing is available for faster adjudication.
If the petition is approved, the case is transferred to the National Visa Center (NVC) for immigrant visa processing. Once a visa number is available, the applicant proceeds with the medical exam and immigrant visa interview at a U.S. consulate abroad. Upon entry to the United States with the immigrant visa and CBP endorsement, the individual becomes a lawful permanent resident.
Dependents of EB-3 Visa Beneficiaries
Spouses and unmarried children under 21 years of age may accompany or follow to join the principal EB-3 applicant. Once the I-140 petition is approved, dependents may apply for immigrant visas based on the principal’s approval and will receive green cards upon lawful admission to the United States.
Contact Barella Global
The EB-3 visa offers an important path to permanent residence for foreign professionals and workers, but it involves multiple stages and strict procedural requirements. Our firm provides detailed guidance to employers and beneficiaries to ensure compliance and a smooth process. Contact our office today to discuss your eligibility.
The Barella Global Advantage
Barella Global offers clients a unique blend of U.S. immigration law expertise and international accessibility. With offices in London and Brussels, we work in our clients’ time zones, making communication seamless and efficient. Our team has extensive experience representing clients before U.S. embassies and consulates across the UK and Europe, giving us valuable insight into local procedures and expectations. Whether you are pursuing a family-based case, addressing admissibility issues, or seeking a corporate or investor visa, we provide strategic, results-focused guidance tailored to your goals.
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