The EB-3 is short for “Employment-Based Third Preference” and represents a remarkable opportunity within the United States immigration system. It caters to ambitious foreign workers who aspire to make a fresh start in the United States by leveraging their professional skills and expertise. With its comprehensive structure, the EB-3 category encompasses three distinct subcategories, ensuring a diverse range of possibilities for individuals seeking employment-based immigration.

1. Skilled Workers: Individuals with a minimum of two years of work experience or training.
2. Professionals: Those with a bachelor’s degree or its foreign equivalent.
3. Other Workers: Certain unskilled workers with less than two years of work experience or training.

In the EB-3 category, prospective applicants usually require the sponsorship of an employer. This involves obtaining a labor certification and submitting a petition to the U.S. Citizenship and Immigration Services (USCIS). Once the petition is approved, individuals become eligible to apply for permanent residency (green card) to establish a life and pursue employment opportunities in the United States.

EB-3 Green Card – Skilled Workers

• At least two years of Work Experience
• An Undergraduate Degree
• Evidence of Vocational Training

Skilled Worker Required Documentation

• PERM Labor Certification
• Proof of education completion
• Any additional documentation relating to the PERM Labor Certification
• Confirmation of permanent EB-3 job offer from U.S. employer
• Petition for Immigrant Worker (Form I-140)

EB-3 Green Card – Professional Workers

The eligible professional petitioners are typically those who did not have the extensive qualifications for the EB-2 visa but still hold a valuable skill and certified education. All qualified professionals must hold:

• Bachelor’s Degree or Foreign Equivalent
• The position is obligated to require a bachelor’s degree
• Work experience and education cannot take place of a degree

Professional Required Documentation:

• PERM Labor Certification
• Proof of bachelor’s degree or foreign equivalent
• Requirements of position (bachelor’s degree is mandatory)
• Confirmation of permanent EB-3 job offer from U.S. employer
• Petition for Immigrant Worker (Form I-140)

EB-3 Green Card – “Other” Workers

The qualifications for the “Other” Workers category may not be as extensive as those for professionals or skilled workers, but this actually presents a great opportunity for a wider range of applicants. Although only 10,000 green cards are issued each year, there is still a chance of receiving an EB-3 Green Card. While it is true that applicants may have to wait a couple of years before receiving their green card, this period can be seen as an opportunity to plan and prepare for their new life in the United States. Although obtaining the PERM Labor Certification under the “Other” Workers category may be challenging, it is important to remember that with detailed documentation from the U.S. employer, this hurdle can be overcome. Stay positive and focused on your goal, as perseverance pays off in the end!

“Other Workers” Few requirements

• Job offer for a Position that requires work experience or education
• This position must be certified that it cannot be filled by a U.S. worker.
• The position cannot be temporary or seasonal.

“Other Workers” Required Documentation:

• PERM Labor Certification
• Evidence of education, work experience, or certification
• Proof of U.S. permanent employment offer
• Documents of PERM Labor Certification
• Petition for Immigrant Worker (Form I-140)

EB-3 Green Card Steps

Once all of your documentation is in order, it is crucial to find an employer who is willing to provide support and sponsorship for your green card application. Consequently, this employer must undergo a rigorous recruitment process and determine the prevailing wage for your specific position in the designated geographical area. This is essential to obtain the prestigious PERM Labor Certification from the Department of Labor.

Afterward, your employer will need to submit an I-140 petition to the USCIS, which will initiate the process. Once the petition is in their hands, the date will be marked as your priority date. It’s important to keep an eye on the monthly VISA Bulletin published by the Department of State. This informational release will inform you if your priority date is “current,” indicating that it either matches or surpasses the final action dates stated in the latest bulletin. Make sure to stay informed, as this will determine the progress of your application. Keep in mind that the dates for the “other workers” group vary slightly from the dates for the other two groups.

Once your date is current, you will have the opportunity to promptly submit your I-485 petition to initiate the adjustment of your status if you are currently residing in the United States. The following diagram is provided to assist you in gaining a concise understanding of the entire process.

B-3 Processing Time?

• The PERM Labor Certification process will take about 6-8 months without complications. If the employer is audited or subjected to supervised recruitment, this time could potentially increase to two years.
• The I-140 takes an average of 6 months; premium processing can expedite this step to 15 days.
• Priority dates can take anywhere from two months to over a decade, depending on the country of origin.
• The I-485 may also take 6-14 months to process. This step cannot be expedited by premium processing.

Consult with EB-3 green card attorney to determine what you will be able to expect from your processing time.

EB-3 Interview?

If you happen to be outside the United States at the moment, don’t worry! You’ll have the opportunity to go through an exciting process called consular processing. This involves visiting the U.S. consulate or embassy in your home country, where you’ll get to have a one-on-one interview with a consular officer.

Documents needed for interview

• Confirmation page for your DS-260 and the receipt for your payment.
• Your passport
• Your ID
• Two passport-style photos
• Your I-797 Notice of Approval from the USCIS
• Your appointment notification letter
• Any supporting documents for your green card.

EB-3 Fees?

• The I-140 basic filing fee is $700.
• The I-485 filing fee US $1,140.
• Biometric fee $85
• If you are using premium processing with your I-140, the fee is $2,500.
• Attorney fees vary from firm to firm.
• If you are going through consular processing, you will need to factor in the fee for the DS-260, which is $325 plus a $120 sponsorship fee. You will also need to consider the cost of the Shipping fee, placement fee, and travel as well.

7 Steps  from EB-3 to Citizenship

The EB-3 (Employment-Based Third Preference) immigrant visa category is one of the employment-based immigration pathways that may eventually lead to U.S. citizenship. Here’s an overview of the general process:

1. Obtain Permanent Resident Status (Green Card) through EB-3: Initially, individuals must go through the process of obtaining a green card (permanent resident status) through the EB-3 category. This typically involves employer sponsorship, a labor certification process, and the approval of an immigrant petition (Form I-140) by the U.S. Citizenship and Immigration Services (USCIS).
2. Maintain Permanent Resident Status: Once an individual obtains a green card, they need to maintain their permanent resident status. This involves adhering to U.S. immigration laws, avoiding extended periods of residence outside the United States, and complying with other legal requirements.
3. Eligibility for Naturalization: Green card holders become eligible to apply for U.S. citizenship through naturalization after meeting certain requirements. Typically, they must have been a permanent resident for at least five years (or three years if married to a U.S. citizen), be physically present in the U.S. for a specified period, and demonstrate good moral character.
4. Submit Form N-400 (Application for Naturalization): To begin the naturalization process, eligible green card holders need to submit Form N-400 to USCIS. This form collects information about the applicant’s background, residence, and eligibility for citizenship.
5. Biometrics Appointment: USCIS will schedule a biometrics appointment for the applicant to provide fingerprints and other biographical information.
6. Naturalization Interview and Exam: Applicants are required to attend an interview with a USCIS officer. During the interview, the officer reviews the N-400 form, and tests the applicant’s English language proficiency and knowledge of U.S. government and history.
7. Oath of Allegiance: If the naturalization application is approved, the applicant attends a ceremony to take the Oath of Allegiance. This oath marks the final step in the naturalization process, officially granting U.S. citizenship.

EB-3 Green Card Renewal

Unlike temporary visas, the EB-3 Green Card is intended to be a permanent immigration solution. However, U.S. immigration law mandates that lawful permanent residents renew their Green Cards every 10 years to maintain accurate and current records. This involves submitting Form I-90, known as the Application to Replace Permanent Resident Card, to the U.S. Citizenship and Immigration Services (USCIS). Completing this form ensures the validity of your Green Card and updates any changes in personal information. Initiating the renewal process well before the expiration date is crucial to prevent any interruptions in your permanent residency status. Upon a successful renewal, you will receive a new Green Card, confirming your continued legal residence in the United States.

EB-3 Visa Denial

There are a few main reasons for why an EB-3 green card petition is denied or rejected:

• Insufficient Qualifications: If the applicant does not meet the educational or professional qualifications required for the specific job and the EB-3 category, the visa may be denied. The job must fall under the “skilled worker,” “professional,” or “other worker” subcategories, each with its own set of criteria.
• Incomplete or Inaccurate Documentation: Failure to provide all required documentation or submitting inaccurate information can lead to a visa denial. It’s crucial to carefully follow the application guidelines and provide complete and truthful information.
• Failure to Meet Labor Certification Requirements: The labor certification process involves demonstrating that there are no qualified U.S. workers available for the position. If the employer fails to complete this process or if it is not approved by the Department of Labor, the visa may be denied.
• Issues with the Employer’s Petition: The employer’s Form I-140, Petition for Alien Worker, must be accurately completed and meet all USCIS requirements. Any errors or deficiencies in the petition can result in a denial.
• Failure to Establish Employer-Employee Relationship: USCIS may deny an EB-3 visa if it is not satisfied that a genuine employer-employee relationship exists between the sponsoring employer and the foreign worker.
• Problems with Prevailing Wage Determination: The employer must pay the foreign worker the prevailing wage for the specific job and location. If there are discrepancies or issues with the prevailing wage determination, it could lead to a denial.
• Failure to Maintain Visa Status: If the applicant is already in the U.S. on a different visa and has violated the terms of that visa, it may result in the denial of the EB-3 visa application.
• Changes in Immigration Policies: Changes in immigration policies or quotas can impact the approval of visa applications. The demand for visas may exceed the available quota, leading to denials.
• Security Concerns: Issues related to national security or the applicant’s background may result in a denial.

A denial indicates that, following a thorough examination by an immigration officer, your petition was rejected based on the merits of your case. Your available courses of action include submitting a new application with additional or different supporting evidence, appealing the decision through the Administrative Appeals Office, or filing a legal motion to request a reconsideration or reopening of your case.

RFE during EB-3 Process?

RFE stands for ” Request for Evidence.” It is a formal request issued by the U.S. Citizenship and Immigration Services (USCIS) during the EB-3 visa or green card application process. The RFE is issued when additional information or documentation is needed to make a decision on the immigration case, and the petitioner or applicant is required to respond with the requested details within a specified timeframe. Failure to adequately address the RFE may lead to the denial of the visa or green card application.

NOTE: It’s important to note that information collected here from official sources, such as the USCIS website and the Labor Department’s website, is typically reliable and accurate. However, for the most up-to-date and accurate information, it’s recommended to check these official sources regularly, as immigration policies and procedures can undergo changes. If there are any updates or revisions to the information provided, referring to the original sources ensures that you have the latest details regarding immigration processes, requirements, and regulations.