The EB-3 visa is an immigrant visa (preference category three) for U.S. employment-based permanent residency. The visa is reserved for individuals who are defined as “skilled workers,” “professionals,” or “other workers” (also known as unskilled workers). Although the qualifications for an EB-3 visa are less stringent than either an EB-1 or an EB-2 visa, the backlog and waiting times for it may be longer.
Unlike applicants for an EB-1 visa, EB-3 visa applicants require a sponsorship from an employer. In all instances, EB-3 applicants must have both a labor certification and a permanent, full-time job offer to qualify. There are three subcategories within the umbrella of EB-3 applicants –– skilled workers, professionals, and unskilled workers. They are required to produce different levels of evidence in order to apply for the visa.
The application for an EB-3 visa begins with the employer –– otherwise known as the petitioner. They must file form I-140, Immigrant Petition for Alien Worker. From there, the employer must demonstrate that they are able to pay the applicant the offered wage (usually this is done by sending in an annual report, statement, or tax return).
The second phase of the application process switches from the petitioner to the applicant. To successfully apply for an EB-3 visa, an applicant must:
Employment-based visa alternatives to the EB-3 visa include the EB-1 (first preference) and EB-2 (second preference) visas. EB-1 visas are reserved for aliens who are outstanding professors, researchers, executives, or individuals with “extraordinary ability.” EB-2 visas are reserved for individuals who hold an advanced degree or equivalent in their field, or for those who display “exceptional ability” in the arts, sciences, or business.
Our managing EB-3 attorney Karen-Lee Pollak and experienced immigration support team will work with you to determine the best possible employment preference category for you.
Our firm provides full-service professional legal advice and representation to help you find an immigration solution to your visa needs. Please contact us to discuss your immigration options.
Contact us today to speak with our managing attorney Karen-Lee Pollak and experienced immigration support team.