The EB-3 Visa, also known as the third preference employment-based immigrant visa, offers foreign workers an opportunity to live and work in the United States permanently. This article breaks down the EB-3 Visa process, costs, and benefits to help potential applicants understand what to expect.

What is the EB-3 Visa?

The EB-3 Visa is a gateway for foreign professionals, skilled workers, and other workers seeking employment opportunities in the U.S. It allows them to obtain permanent residency, thus enabling them to enjoy the privileges that come with being a permanent resident.

What are the EB-3 Visa Subcategories?

The EB-3 Visa category is divided into three subcategories, each with its unique requirements:

1. EB-3(A): Skilled Workers
2. EB-3(B): Professionals
3. EB-3(C): Other Workers

EB-3(A): Skilled Workers

To qualify under the EB-3(A) category, applicants must have at least two years of job experience or training. They must also have a job offer from a U.S. employer who can demonstrate that there are no qualified U.S. workers available to fill the position.

EB-3(B): Professionals

Professionals who wish to qualify under the EB-3(B) category must possess a U.S. bachelor’s degree or a foreign equivalent. They must also have a job offer from a U.S. employer, and the job should require a bachelor’s degree or higher.

EB-3(C): Other Workers

The EB-3(C) category caters to those who can perform unskilled labor that requires less than two years of training or experience. Similar to the EB-3(A) category, applicants must have a job offer from a U.S. employer who can demonstrate that there are no qualified U.S. workers available for the job.

The Perks of an EB-3 Visa

An EB-3 Visa offers numerous advantages:

• Permission to live and work permanently in the United States
• Eligibility to bring family members (spouse and unmarried children under 21) to the U.S.
• Possibility of obtaining U.S. citizenship eventually
• Flexibility to change employers, subject to certain limitations

EB-3 Visa Costs

EB-3 Visa costs depend on the applicant's location. Here is a breakdown of the costs for applicants applying from within and outside the U.S.:

For Applicants Inside the U.S.:

1. Form I-140 (Immigrant Petition for Alien Worker)
   • Filing Fee: $715
   • Immigrant Fee: $235
2. Form I-485 (Adjustment of Status Application)
   • Filing Fee: $1440
3. Biometrics Fee: $85 (required for applicants aged 14 to 79)

For Applicants Outside the U.S.:

1. Form I-140 (Immigrant Petition for Alien Worker)
   • Filing Fee: $715
2. Form DS-260 (Green Card Application)
   • Filing Fee: $345
3. Form I-864 (Affidavit of Support)
   • Filing Fee: $120
4. Biometrics Fee: $85 (required for applicants aged 14 to 79)

Do keep in mind that these fees are subject to changes.

Understanding the EB-3 Visa Processing Time

The processing times for the EB-3 Visa involve several stages, each with its timeframe. These stages are:

1. Form I-140 Processing Time
2. Waiting for Visa Availability
3. Form I-485 Processing Time (Adjustment of Status)
4. Consular Processing

It's important to remember that processing times may vary depending on your specific situation and location.

The EB-3 Visa Application Process

The EB-3 Visa application process involves three main steps:

1. Obtaining a Labor Certification
2. Filing the Form I-140 Petition
3. Applying for the Visa

Labor Certification

Prior to applying for the EB-3 Visa, your employer must obtain a PERM labor certification from the U.S. Department of Labor (DOL). This process involves proving that there are no qualified U.S. workers available for the job you’re being offered.

Form I-140 Petition

Once the labor certification is approved, your employer can file Form I-140 with USCIS on your behalf. This form establishes your eligibility for the EB-3 Visa and must be accompanied by the necessary supporting documentation.

Visa Application

After USCIS approves your Form I-140, you can proceed with the visa application process. If you’re residing outside the U.S., you’ll need to apply for an immigrant visa at a U.S. consulate or embassy in your home country. If you’re already in the U.S. on a different nonimmigrant visa, you can file Form I-485 to adjust your status to that of a permanent resident.

Key Things to Consider

When applying for an EB-3 Visa, there are a few key things to keep in mind:

• Visa Bulletin: This monthly publication by the U.S. Department of State determines the availability of immigrant visa numbers for each preference category.

• Priority Date: When filing the Form I-140 petition, you’ll be assigned a priority date, which establishes your place in line for a visa number.

• Job Change and Portability: Under certain circumstances, you may be able to change employers after your I-140 is approved.

Concluding Thoughts

The EB-3 Visa offers an excellent opportunity for foreign workers to live and work permanently in the U.S. Although the process may seem complex, understanding the requirements, costs, and process can make it much easier. If you need more help, consider consulting with an immigration attorney to ensure a smooth application process.