The EB-3 visa is a popular employment-based visa category that provides a pathway to obtaining a U.S. Green Card. This visa is ideal for skilled workers, professionals, and unskilled workers seeking permanent residency in the United States. Understanding the EB-3 visa steps is essential to ensure a smooth application process. This guide will walk you through the necessary steps to secure your EB-3 visa successfully.

What Is the EB-3 Visa?

The EB-3 visa is an employment-based immigrant visa that allows foreign workers to live and work permanently in the United States. It is divided into three subcategories:

• EB-3(A) Skilled Workers: Requires at least two years of experience or training in a specific field.
• EB-3(B) Professionals: Requires a U.S. bachelor’s degree or a foreign equivalent.
• EB-3(C) Other Workers (Unskilled Workers): Includes jobs requiring less than two years of training or experience.

Step-by-Step Guide to Obtaining an EB-3 Visa

Step 1: Find a U.S. Employer Sponsor

To qualify for an EB-3 visa, you must have a U.S. employer willing to sponsor you. The employer must offer you a permanent, full-time job and be willing to go through the labor certification and petition process on your behalf.

Step 2: Obtain a PERM Labor Certification

Before filing an EB-3 petition, the employer must obtain a Program Electronic Review Management (PERM) Labor Certification from the U.S. Department of Labor (DOL). The PERM process ensures that no qualified U.S. workers are available for the position and that hiring a foreign worker will not negatively impact U.S. job opportunities. The employer must:

• Conduct a labor market test by advertising the job in the U.S.
• Prove that there are no qualified U.S. workers available for the position.
• Submit the ETA Form 9089 to the DOL.

Once the PERM labor certification is approved, the employer can move to the next step.

Step 3: File Form I-140 (Immigrant Petition for Alien Worker)

After obtaining labor certification, the employer must file Form I-140, Immigrant Petition for Alien Worker, with U.S. Citizenship and Immigration Services (USCIS). The employer must demonstrate that:

• The company has the financial ability to pay the offered wage.
• The applicant meets the job requirements stated in the labor certification.

Once USCIS approves Form I-140, the applicant can proceed to the next step.

Step 4: Wait for Visa Availability (Priority Date)

The EB-3 visa category has annual limits, meaning applicants must wait for their priority date (the date USCIS receives the I-140 petition) to become current. The U.S. Department of State publishes a Visa Bulletin each month indicating when priority dates become available.

For applicants from countries with high demand (such as India, China, and the Philippines), the waiting time can be several years. Applicants should regularly check the Visa Bulletin for updates.

Step 5: File Form I-485 or Apply for Consular Processing

Once the priority date becomes current, the applicant can apply for a Green Card through one of two methods:

Adjustment of Status (Form I-485) – For Applicants Already in the U.S.

If the applicant is already in the U.S. on a valid visa, they can file Form I-485, Application to Register Permanent Residence or Adjust Status with USCIS. This allows them to change their status to that of a lawful permanent resident (Green Card holder).

Consular Processing – For Applicants Outside the U.S.

If the applicant is outside the U.S., they must go through consular processing at a U.S. embassy or consulate in their home country. This process includes:

• Completing Form DS-260 (Immigrant Visa Application)
• Attending a visa interview at the U.S. consulate
• Undergoing medical examinations and background checks

Step 6: Attend the Visa Interview

Whether applying through adjustment of status or consular processing, the applicant must attend a visa interview. During the interview, a consular officer or USCIS officer will review the case and ask questions about:

• The job offer and employer details
• The applicant’s qualifications
• Immigration history and background

If approved, the applicant will receive a visa (for consular processing) or an approval notice (for adjustment of status).

Step 7: Receive Your Green Card

If applying through adjustment of status, the applicant will receive their Green Card in the mail. If going through consular processing, they will receive an immigrant visa in their passport, which they must use to enter the U.S. Upon arrival, they will be processed as a permanent resident and receive their Green Card by mail.

Processing Time and Costs

Processing Time

The EB-3 visa process can take anywhere from 1 to 10 years, depending on:

• The applicant’s country of origin (due to visa backlogs)
• Processing times for PERM labor certification and Form I-140
• USCIS and consular processing timelines

Costs Involved

While costs vary, the primary expenses include:

• PERM Labor Certification: No government filing fee, but employer may incur legal and recruitment costs.
• Form I-140 Filing Fee: $700
• Form I-485 Filing Fee: $1,140 (for applicants adjusting status in the U.S.)
• Consular Processing Fees: Approximately $345 for DS-260 application
• Medical Examination Fees: Varies by country

Final Thoughts

The EB-3 visa is an excellent pathway to permanent residency in the United States for skilled, professional, and unskilled workers. However, the process requires careful planning, patience, and employer sponsorship. Understanding each step, from labor certification to Green Card approval, can help ensure a smooth transition to life and work in the U.S.

If you are considering applying for an EB-3 visa, working with an experienced immigration attorney can significantly improve your chances of success. With the right guidance, you can navigate the EB-3 visa steps confidently and achieve your dream of securing a U.S. Green Card.