The EB-3 visa

The EB-3 visa is a third-preference employment-based immigrant visa, allowing foreign workers to live in the United States and obtain permanent resident status.

What is the EB-3 visa?

The EB-3 visa falls within the third employment-based preference group. This visa category is for skilled workers, professionals and other workers who are suitably qualified and are seeking employment opportunities in the United States. This category is divided into three sub-groups with their own requirements:

1. EB-3(A): skilled workers
2. EB-3(B): professionals
3. EB-3(C): other workers

The benefits of the EB-3 visa

The EB-3 visa brings a number of benefits, including:

• The opportunity to live and work long term in the United States
• The ability to bring a spouse and unmarried children under 21 to the United States
• A route to US citizenship in future
• The ability to change employer, subject to certain limits

Eligibility for the EB-3

Eligibility for EB-3(A), the skilled worker group

To be eligible under this group, the applicant must:

• Have at least 2 years of work experience or training
• Have a job offer from a US employer demonstrating that no qualified US worker could be found

Eligibility for EB-3(B), the professional group

To be eligible under this group, the applicant must:

• Hold a US bachelor’s degree or an equivalent foreign degree
• Have a job offer from a US employer requiring a bachelor’s degree or higher

Eligibility for EB-3(C), the other worker group

To be eligible under this group, the applicant must:

• Be able to perform unskilled work requiring less than 2 years of training or experience
• Have a job offer from a US employer demonstrating that no qualified US worker could be found

The EB-3 visa application process

1. Labour certification:Before an EB-3 petition is filed, the employer must obtain PERM labour certification from the US Department of Labor (DOL). This process demonstrates that no qualified US worker is available for the position being recruited for.
2. File Form I-140:Once labour certification is approved, the employer files Form I-140 with United States Citizenship and Immigration Services (USCIS) on the worker’s behalf. This petition confirms that the worker is eligible for the EB-3 and must be accompanied by the necessary supporting documents.
3. Apply for the visa:Once USCIS approves Form I-140, the applicant may proceed with the immigrant visa application process. Where outside the United States, the applicant applies for an immigrant visa at the US embassy/consulate in their home country. Where already in the United States on another non-immigrant visa, the applicant may file Form I-485 to adjust status to permanent resident.

EB-3 visa processing times

The EB-3 visa process comprises several stages, each with its own timeline:

• Form I-140 processing time:The current average is 8.1 months according to historical data fromUnited States Citizenship and Immigration Services (USCIS). Where premium processing is used, the time is reduced to 15 calendar days.
• Waiting for a visa to become available:Once Form I-140 is approved, the applicant must wait for a visa number to become available. The waiting time depends on the applicant’s nationality and the level of EB-3 visa demand from that country.
• Form I-485 (adjustment of status) processing time: where the applicant is in the United States and eligible to adjust status, the average time is 7 to 32.5 months. This may vary with a number of factors.
• Consular processing:Where filing from outside the United States, the file is transferred to the National Visa Center (NVC) and then sent to the nearest US embassy/consulate. The time to schedule the interview and the wait at this stage depend on the particular consular post and the applicant’s location.

Note that processing times may vary with the particular situation and place of residence.

EB-3 visa costs

For applicants within the United States

1. Form I-140(“Immigrant Petition for Alien Worker”):
   • Filing fee: USD 715 (paid by the employer)
   • Immigrant fee: USD 235
2. Form I-485(application to adjust status):
   • Filing fee: USD 1,440

For applicants outside the United States

1. Form I-140 (“Immigrant Petition for Alien Worker”):
   • Filing fee: USD 715 (paid by the sponsoring employer)
2. Form DS-260(green card application):
   • Filing fee: USD 345
3. Form I-864(“Affidavit of Support”):
   • Filing fee: USD 120

Points to note

The Visa Bulletin

The Visa Bulletin published monthly by the US Department of State sets out the number of immigrant visas available for each preference group. Only a limited number of EB-3 visas is issued in each fiscal year, so following the Visa Bulletin is essential in order to know when an application may proceed.

Detailsthe Visa Bulletin.

The priority date

When Form I-140 is filed, the applicant is given a priority date, which determines their place in the visa queue. The priority date is very important because the Visa Bulletin uses it to determine when an application may proceed. Retrogression or advancement of the priority date can significantly affect visa processing times.

Changing jobs and flexibility

In some cases, once Form I-140 is approved, the applicant may change employer. The American Competitiveness in the Twenty-First Century Act (AC21) allows EB-3 visa holders to change employer where specific requirements are met.

ArticleComparing the US EB-5 and EB-3.

Frequently asked questions (FAQ)