EB-3 Visa Explained: A Guide to Employment-Based Immigration and Processing Times

Introduction

Employment-Based Third Preference (EB-3) visa is a visa for foreign nationals who are skilled workers, professionals, and other workers meeting specific qualifications and are sponsored by United States employers, who need to have a labor certification from the United States Department of Labor (DOL) certifying that there are no qualified U.S. workers available to fill the position.

The EB-3 visa is part of the United States employment-based immigration system, designed to allow qualified foreign workers to live and work permanently in the United States. The visa is available in three sub-categories:

1. EB-3A visa is for skilled workers, wherein the applicant’s job requires at least two years of training or experience.
2. EB-3B visa is for professionals, wherein the applicants require a United States baccalaureate degree or foreign equivalent.
3. EB-3C visa is for other workers wherein the applicants perform unskilled labor that requires less than two years of training or experience.

What are the eligibility Criteria for EB-3 Sub-categories?

Skilled Workers (EB-3A)

• You must have at least two years of job experience or training. 
• You must have a permanent, full-time job offer from a U.S. employer.
• The U.S. employer must demonstrate through the labor certification process that no qualified United States workers are available to perform the job.

Professionals (EB-3B)

• You must possess a bachelor’s degree or its foreign equivalent.
• You must have a full-time, permanent job offer from a U.S. employer.
• The U.S. employer must have DOL Certification.

Other Workers (EB-3C)

The “other workers” sub-category is for individuals performing unskilled labor:

• You must demonstrate the ability to perform unskilled labor that requires less than two years of training or experience.
• You must have a permanent, full-time job offer from a U.S.  employer.
• The job must not be of a temporary or seasonal nature.
• The U.S. employer must have DOL Certification.

What is Labor Certification?

Labor certification is a certificate obtained by the U.S. employer to prove that a foreign national must be hired for the work, as no person qualified in the United States can do that job. For all EB-3 visa applicants, the employer must obtain a PERM labor certification from the Department of Labor (DOL). The petition for an EB-3 visa must be submitted along with an approved DOL Form ETA-9089. 

Why does the employer file Form I-140 Petition in EB 3 visa application?

After the Department of Labour approves the labor certification, the employer is supposed to file Form I-140 (Immigrant Petition for Alien Workers) with USCIS.  This petition includes supporting documents demonstrating the worker’s qualifications and the employer’s ability to pay the offered wage, establishing that the foreign worker is eligible for an EB-3 visa. 

It is important to understand that as part of the application process, the employer must prove through the annual report, federal income tax return, or an audited financial statement that they can pay the offered wage to the foreign national.

What is the Cost of the EB-3 Visa?

The EB-3 visa involves various fees, depending on the application route and required forms.

Application route	Required forms and costs
Inside the U.S.	Form I-140 – $715 (paid by the employer) Form I-485 – $1,440 Form I-864 – $120
Outside the U.S.	Form I-140 – $715 (paid by the employer) Form DS-260 – $345 Form I-864 – $120 Immigrant Fee – $235

What is the processing time for the EB-3 Visa?

The processing time for the EB-3 visa depends on the applicant’s country of origin and the current demand for visas at the USCIS. 

• Form I-140 Processing: On average, the processing time for Form I-140 is approximately 6-8 months. However, premium processing is available for an additional fee, making the processing time 15 calendar days.
• Visa Availability: Once Form I-140 is completed, visa availability and wait time depends upon the home country of the petitioner. The petitioner is supposed to wait for the visa to become available, as there is an annual cap on every country. 
• Adjustment of Status (Form I-485): The processing time for Form I-485 can range from 6 to 36 months, depending on the circumstances of the individual case.
• Consular Processing: If the applicant is not currently residing in the United States, they will have to visit the U.S. embassy or consulate in their home country. The scheduling of the interview and wait time usually depends upon the applicant’s location and country of origin. 

What is the annual limit of an EB-3 visa?

The U.S. State Department, along with the USCIS, sets an annual cap on the number of EB-3 Visas that are issued in a fiscal year that is October 1st to September 30th. As per Section 203(b)(3) of the Immigration and Nationality Act (INA), the annual limit for EB-3 Visas is 28.6 percent of the worldwide employment limit. To get an EB-3 visa issued you should file your application timely, preferably at the start of the fiscal year. If the annual limit is reached, no more visas will be issued, although you can still apply. 

Can the Family of EB-3 Visa Holders also be accompanied by them?

The family of the EB-3 visa holders, such as their spouse and unmarried children (under the age of 21), may also be eligible for a green card and to live, study, and work in the United States; the specific categories are as follows: 

• E34/E35: Spouse and children of a skilled worker or professional
• EW4/EW5: Spouse and children of an “other worker”

What are the benefits of an EB-3 visa?

The EB-3 visa provides numerous benefits for foreign nationals, such as:

1. Foreign nationals who are seeking permanent residency in the U.S.
2. Opportunity to live and work permanently in the United States.
3. Visa holders can also bring their eligible family members, including their spouse and unmarried children under 21.
4. It can become the pathway to eventual U.S. citizenship. 

What are the documents required under the EB-3 visa?

Below are the required documents for a successful visa application:

1. Passport ( valid for at least six months beyond your intended date of entry into the U.S.)
2. 2 Passport-Sized Photographs 
3. Completed Form I-140 (by employer) 
4. Form I-907 (if applicable)
5. Birth Certificate
6. Government-Issued Identification:
7. Labor Certification (DOL)
8. Job Offer from Employer
9. Academic Qualification Documents
10. Tax Payment Documents

How can I Change my Employer After the Issuance of an EB-3 Visa?

An employee under the American Competitiveness in the Twenty-First Century Act of 2000 may transfer or “port” to a qualifying new job, provided the new job is in the same or similar occupational classification for which the petition. This can be done when the petition is pending and other requirements are met. 

Conclusion

The EB-3 visa offers a pathway to permanent residency for skilled workers, professionals, and unskilled workers. Employers play a significant role in this process by sponsoring applicants and obtaining labor certification. This visa is particularly beneficial for individuals possessing specific qualifications sought by U.S. employers, as it allows both the primary applicant and their eligible family members to live, work, and potentially transition toward U.S. citizenship.