EB - 3

EB-3
Employment Based Immigrant Visa

The EB-3 visa category allows workers with less advanced qualifications than those required by the EB-1 and EB-2 categories to gain legal permanent residence in the US. The EB-3 covers 3 types of workers:

• Skilled workers with at least 2 years of experience in their field 
• Professional workers with at least a US baccalaureate degree or equivalent 
• Some low skilled workers.

à       Skilled workers

• You must be able to demonstrate at least two years of job experience or training. Relevant post-secondary education may be considered as training.
• You must be performing work for which qualified workers are not available in the United States.
• A labor certification and a permanent, full-time job offer are required.

There are several recommended qualifications you should prove when applying for this type of EB-3 visa. These include:

• At least 2 years of work experience.
• An undergraduate degree.
• Evidence of vocational training or apprenticeships in your professional field.

à     Professional workers

EB-3 applicants under the professional workers category

• Must be able to demonstrate that you possess a U.S. baccalaureate degree or foreign degree equivalent to a U.S. baccalaureate degree related to the occupation, and that this baccalaureate degree is the normal requirement for entry into the occupation.
• Must be performing work for which qualified workers are not available in the United States.
• Combinations of degrees less than a baccalaureate degree and/or experience may not be substituted for a baccalaureate degree. The degree must be in the form of an official college or university record.
• A labor certification and a permanent, full-time job offer are required.

à     Low skilled workers

EB-3 applicants under the low skilled workers

• Must be capable, at the time the petition is filed on your behalf, of performing unskilled labor (requiring less than two years training or experience), that is not of a temporary or seasonal nature, for which qualified workers are not available in the United States.
• A labor certification and a permanent, full-time job offer are required.

How to Apply

Your employer (petitioner) must file a Form I-140, Immigrant Petition for Alien Worker. As part of the petition process, your employer must be able to demonstrate a continuing ability to pay the offered wage as of your visa priority date until you obtain lawful permanent resident status.

Your employer may use an annual report, federal income tax return, or audited financial statement to demonstrate an ability to pay your wage.

To petition for a foreign worker, the employer must:

• Obtain an approved Application for Permanent Labor Certification from the U.S. Department of Labor (DOL) if required for the specific visa category. (If a labor certification is not required for the visa category, the employer only needs to file the Form I-140 and other required documents.)
• Complete the Form I-140, Immigrant Petition for Alien Worker. Review the form instructions for directions on completing the Form I-140.
• Submit the Filing Fee(s). Include the appropriate filing fee with the Form I-140.
• Submit Evidence. Include all required initial evidence and supporting documentation for the Form I-140.
• Sign and File the Form I-140. File the petition at the correct filing location according to form instructions.

Family

After the USCIS approves your initial I-140 application, your immediate family can also apply for immigrant visas. Immediate family only includes your spouse and any children under the age of 21.

Your family will have to go through the same process of filling out the I-140 form, providing documentation, paying fees, and going through a medical exam.

Specifically, your spouse will file for either an E34 (for spouses of skilled or professional workers) or EW4 (for spouses of “other” workers) visa. Children under the age of 21 may also file under the E35 and EW5 visas in a similar manner.

What Happens After You Apply

Once USCIS receives the Form I-140, we will process the petition and then your petitioning employer will receive:

• A receipt notice of the I-140, Petition for Immigrant Worker, and
• A written notice of a decision.

$

Form I-140, Petition for Alien Worker, $700 filing fee.

Form I-907, Request for Premium Processing Service, $1,225 filing fee.