The US offers five employment-based (EB) immigrant visas, allowing foreign nationals to become lawful permanent residents through sponsored employment. The EB-3 visa is geared toward skilled workers, professionals, and unskilled “other workers”.
At Remitly, we’ve prepared this comprehensive EB-3 visa application guide—including eligibility requirements and the application process—to support you on your immigration journey so you can kickstart your career in the US.
Quick overview of the employment-based immigration visas (EB)
Annually, between October 1 and September 30, the US government makes 140,000 employment-based immigrant visas available.
The visa is for foreigners who want to live and work in the US permanently by obtaining a green card based on their job skills or employment offers.
There are five categories:
- EB-1, also known as Priority Worker and Persons of Extraordinary Ability. It has three sub-groups—persons with extraordinary ability in the sciences, arts, education, business, or athletics; outstanding professors and researchers; and multinational managers or executives.
- EB-2, which is also referred to as Professionals Holding Advanced Degrees and Persons of Exceptional Ability. It has two subgroups一professionals holding an advanced degree and persons with exceptional ability in the sciences, arts, or business.
- EB-3, which is our focus in this article, is also known as the Skilled Workers, Professionals, and Unskilled Workers (Other Workers) visa.
- EB-4 for certain special immigrants like broadcasters and ministers of religion.
- EB-5 visa caters to immigrant investors.
What is the EB-3 visa?
As we’ve briefly mentioned above, an EB-3 visa is an employment-based visa designed for skilled workers, professionals, and unskilled workers (also known as “other workers”).
With this visa, you can apply for a green card to become a permanent resident—and eventually a US citizen.
EB-3 visa validity
The EB-3 visa doesn’t have a validity period because it’s an immigrant visa, automatically leading to permanent residency in the US. Your green card will be mailed to you at the US address that you have provided to the USCIS.
The green card is valid for ten years and renewable indefinitely, provided you maintain permanent residency by making the US your primary home.
Eventually, you may be eligible to become a US citizen.
Restrictions for EB-3 visa holders
As an EB-3 visa holder, you’ll enjoy several benefits. The first is obviously that it opens the door to permanent residency and even eventual citizenship.
You may also bring dependents to the US一a spouse and unmarried children under 21 years old. However, their visa is tied to yours, so they can only enter the US if your EB-3 visa is approved. Once in, your spouse may work in the US but must apply for a work permit.
Your dependents will apply for a green card as derivative applicants of your green card application on Form I-485 (Application to Register Permanent Residence or Adjust Status).
It’s not a guarantee that you’ll obtain an EB-3 visa, even if you meet all eligibility requirements. This is because the US government allocates only 28.6% of all employment-based immigrant visas to the EB-3 category.
So, globally, there are only about 40,040 slots for US EB-3 visas annually. The annual quota per country is 7%.
You can’t self-sponsor to obtain the EB-3 visa. A US employer must petition on your behalf. You must also work for the said employer between six and 12 months minimum.
You’re also not allowed to change employers while the labor certification and Form I-140 are being processed.
Your eligibility is also tied to the job offer listed in the labor certification and Form I-140. This means you risk visa denial if you no longer qualify for that job, don’t intend to take the job, or the employer withdraws the offer.
EB-3 visa processing times
Wait times for EB-3 visas vary greatly. Many applicants wait between one and three years.
It may take longer depending on your case, whether your country has a backlog, current USCIS workload, and whether you use premium processing for Form I-140.
Cost of applying for an EB-3 visa
Expect to pay a total of approximately $5,000 USD when applying for the EB-3 visa. This cost may be lower if you don’t pay for the optional premium processing of Form I-140, which costs $2,805 USD.
Obtaining the labor certification is free, but you’ll pay legal fees. Filing Form I-140 costs $700 USD, and the green card (Form I-485) costs $1,140.
Other fees include credential evaluation (if applicable), photocopying, passport, and travel to the consulate or USCIS.
Who qualifies for the EB-3 visa?
The EB-3 visa has three sub-categories with different qualification requirements.
Applicants under the EB-3 skilled worker sub-category must have at least two years of job experience or training. They must also be entering the US to perform work for which qualified US workers are unavailable. The jobs must be permanent, not seasonal.
Professionals must have a minimum education level of a US bachelor’s degree or equivalent. If your degree is from a foreign university, you’ll need a paid credential evaluation service to prove your degree is equivalent to a US degree. Your employer may recommend a service like this.
In this sub-category, you cannot substitute education with experience, and the job you’re applying for must require a bachelor’s degree.
Unskilled workers, otherwise known as other workers, can be admitted to jobs that require less than two years of training or experience. These include janitors, caregivers, and farm workers.
To qualify for the EB-3 visa as an unskilled worker, you must receive a permanent, full-time job offer.
General EB-3 visa requirements
Some foundational EB-3 visa requirements must be met regardless of your sub-category:
- You must obtain a valid job offer from a US employer.
- The employer must obtain a permanent labor certification approval from the Department of Labor (DOL).
- The employer then files Form I-140, Immigrant Petition for Alien Worker, to petition the US Citizenship and Immigration Services (USCIS) to classify you as eligible for an employment-based immigrant visa.
Required documentation when applying for the EB-3 visa
To support your application, you’ll need to submit or attach:
- Your passport, valid for at least six months beyond your initial date of entry into the US.
- A job offer letter with details such as the job title, location, and expected salary.
- A permanent labor certification from the DOL.
- Your CV.
- Form DS-260 (Immigrant Visa Electronic Application), the green card application for applying from outside the US.
- Two passport photographs meeting the US visa photo guidelines.
- Civil documents, e.g., birth and marriage certificates.
- Dependents of EB-3 holders must submit proof of financial capacity to support themselves in the US. The principal EB-3 holder may attach the job offer to show the expected salary that will support dependents’ stay in the US.
- Completed medical examination forms. Evaluations are carried out by USCIS-approved medical personnel.
Application process for the EB-3 visa
We understand that the EB-3 visa application process can be confusing, especially when trying to understand your responsibilities, your employer’s responsibilities, and the required documents. This step-by-step EB-3 visa application guide aims to offer some clarity.
Step 1: Your US employer obtains a labor certification from the DOL. The process can take up to nine months.
Step 2: The employer files Form I-140 with the USCIS.
Step 3: Wait for EB-3 visa availability and priority date as announced in the US Department of State’s Visa Bulletin.
Step 4: When the Department of State opens visa applications for EB-3, you may apply for adjustment of status if you’re in the US, or for consular processing if you’re abroad.
Step 5: Undergo a medical examination and get the necessary vaccinations.
Step 6: Attend an interview at the USCIS or consulate. Bring along supporting documentation such as your passport and job offer letter. The immigration officer will also take ink-free digital scans of your fingerprints.
Step 7: Track your status online.
Step 8: Enter the US and begin working legally.
EB-3 visa application tips
The US government has annual quotas for EB-3 visas. Unfortunately, limited slots may result in denials when many people apply concurrently.
Although this is beyond your control, there are certain steps you can take to minimize the risk of a delay or denial:
- Ensure all documents are accurate and complete. Consider creating a comprehensive checklist.
- Provide certified translations of your documents if they are not originally in English.
- Research your employer to ensure that they are qualified and reliable, because they are responsible for submitting critical files on your behalf. The documents must be error-free.
- Be cautious of agencies offering EB-3 jobs for a fee. Vet them carefully to avoid job scams.
- Monitor the visa bulletin monthly to see if your priority date is current (meaning it’s earlier than the cutoff date listed for your visa category and country).
- Prepare all documentation required for your dependents too, if applicable.
Common challenges EB-3 visa applicants face
If you’re feeling overwhelmed by the process, you’re not alone. Here are some of the most common hurdles to look out for—and how to navigate them.
Challenge one: Finding a legitimate offer
Fake job offers and visa sponsorship scams, including EB-3 employment visa scams, are prevalent.
To protect yourself, consider working with reputable recruiters and immigration attorneys. Avoid job offers that require upfront fees and sound too good to be true, e.g., promising lucrative pay for doing little work.
Challenge two: Securing labor certifications
Getting the DOL permanent labor certification can take a long time. Sometimes, this is due to errors when filing.
Provide the same information on Form I-140 and the permanent labor certification form, giving clear and accurate information about the job and the reasons you’re best suited for it.
Challenge three: Understanding petition requirements
Your employer is required to meet certain conditions when sponsoring your EB-3 visa. For example, they must prove their ability to remunerate you from the time they file for labor certification to when the green card is issued. If not, the I-140 may be denied.
To stay on track, work closely with your employer to ensure all job details, qualifications, and supporting documents meet USCIS requirements from the start.
Challenge four: Dealing with lengthy processing times
The wait times can be very long for applicants from some countries, leading to more issues like dependents aging out (turning 21 before they are processed).
To estimate how long you’ll wait, monitor your priority dates and get the latest information on current backlogs against the national quota. You may consider other visa categories that offer a pathway to permanent residency. You might consider hiring the services of an immigration expert to help you know which visa is best for you.
Begin your career in the US with ease
With an employment-based immigrant visa, you’re on track to advancing your career and becoming a permanent resident in the US.
While long wait times and national quotas can pose a challenge, you can make the process as smooth as possible by ensuring that you meet all eligibility requirements, that your employer understands their responsibilities, and that you file error-free documents.
Consider consulting a professional for further guidance and visiting official US immigration sites for the latest information such as priority dates.
All the best as you plan your move to the US!
FAQs
What is an EB-3 visa and who qualifies for it?
An EB-3 visa is an employment-based visa designed for skilled workers, professionals, and unskilled workers (“other workers”).
How long does the EB-3 visa application process take?
It can often take up to three years, perhaps longer. Processing depends on national quotas, country backlogs, USCIS workload, and your particular case.
What documents are typically required to apply for an EB-3 visa?
You’ll need permanent labor certification, Form I-140, a valid passport, a job offer letter, a CV, Form DS-260, and a completed medical evaluation form.
Can family members of EB-3 visa holders move to the US?
Yes. Dependents can move to the US, but their visa is tied to the primary EB-3 holder. They can only come to the US if the primary EB-3 visa is approved. Spouses must acquire work authorization to work in the US.
What happens if my EB-3 visa application is denied?
EB-3 visa denial may occur at three different stages. The DOL could deny the certification of labor, the USCIS could deny Form I-140, or the consulate or USCIS could deny the green card application.
You’re allowed to request a review or reconsideration, and then you can reapply. Talk to immigration officials to understand the reasons for your denial and consult an expert to know the next steps you can take.