Key Takeaways
Different Types of USA Visas
In the US, various types of visas are available to apply, each serving a different purpose. Here are a few examples:
- H-1B: The H-1B visa is a nonimmigrant work visa that allows American employers to hire foreign workers with specialized skills to work in the United States for a specific period. Typically, the position requires an undergraduate degree or equivalent. Occupations that qualify for the H-1B visa are in fields like technology, finance, engineering, architecture, or more.
- EB-5: The EB-5 (employment-based, 5th preference) investor visa grants permanent resident status to investors who satisfy the required criteria. The applicant's spouse and unmarried children under 21 are eligible to apply.
- EB-2 and EB-3: These visas are for professionals, skilled workers, and unskilled workers seeking permanent residency in the US.
- F: This visa category is for academic students studying in the US, allowing them to stay during their studies.
Understanding the EB-3 Visa
The EB-3 visa is a third-preference employment-based green card for skilled, professional, and unprofessional workers. EB-3 visa requirements are less stringent than the EB-1 and EB-2 categories; as a result, the processing time is a little longer. The US government will conduct a labor certification process to ensure that the employer is unable to hire an American worker to fill the position.
To be eligible for the EB-3 visa, an applicant must have a job offer from a US employer and meet certain criteria, such as holding an undergraduate degree or equivalent and possessing two years of work experience or training. In some cases, the requirement of two years of experience can be waived or reduced.
Unskilled Workers
Unskilled workers without specific qualifications or two years of professional experience can apply through the EB-3 program. This sub-category has become very popular among non-US nationals.
Skilled Workers
To qualify as a skilled worker, you must demonstrate either two years of training or experience in the relevant field.
Professionals
The professional category of the EB-3 visa is reserved for individuals who possess a higher education degree or its equivalent, typically required for similar positions by US workers.
Applying for the EB-3 Visa
To initiate the application process for any of the three types of EB-3 visas, the US employer interested in hiring the foreign worker must submit a petition to the US government.
First, the employer must complete a labor certification form, stating their inability to find a qualified US worker for the position.
Additionally, the employer needs to demonstrate financial stability, ensure that the offered salary matches the prevailing wages for American employees, and fulfill various other requirements.
Simultaneously, the foreign worker must complete a form, which can often be done online, to initiate their job application. The process involves submitting several civil documents, undergoing a medical examination, and providing proof of vaccination.
Some essential documents required for the application include:
- Valid passport (with a validity of more than six months)
- US-approved labor certification
- Job offer
- Two passport-sized photos
- Criminal and court records
If all the required documents and preliminary requests meet the requirements, the final evaluation involves an interview. It's worth noting that the interview can be conducted at the US Embassy in the applicant's home country, making the process more convenient and cost-effective.
Move to the USA with Your Family
When an EB-3 visa for permanent residency is approved, they can go to the US with their family members (spouse and dependent children) accompanied. Spouses and unmarried children under 21 can join the visa holder in the US. Spouses can apply for the E-34 visa if they are under the skilled worker classification, while children can apply for the E-35 visa.
In cases where the spouse does not possess the qualifications of a skilled worker, they can still accompany the primary visa holder using the EW-4 visa, and their children will need to apply for an EW-5 visa.
EB-3 Visa, Frequently Asked Questions
What is the EB-3 visa?
The EB-3 is a third-preference employment-based US Green Card for skilled workers, professionals, and unskilled (other) workers. It leads to lawful permanent residence for the worker and their immediate family.
Who is eligible for the unskilled (Other Workers) category?
Unskilled workers without specific qualifications or two years of professional experience can apply through the EB-3 program. This sub-category has become very popular among non-US nationals.
What are the requirements for the skilled worker category?
Skilled workers must demonstrate either two years of training or experience in the relevant field.
What is labor certification and who files it?
The US employer files a labor certification (PERM) with the Department of Labor, stating that they could not find a qualified US worker for the position and that the offered salary matches the prevailing wage for American employees.
Can I bring my family with me on an EB-3 visa?
Yes. Spouses and unmarried children under 21 can accompany the primary visa holder. Spouses of skilled workers apply for the E-34 visa (children E-35); spouses of unskilled workers use EW-4 (children EW-5).
Where is the final interview conducted?
The interview can be conducted at the US Embassy in the applicant's home country, making the process more convenient and cost-effective.
Government & Official Sources
- USCIS, Employment-Based Immigration: Third Preference EB-3Official US Citizenship and Immigration Services page on EB-3 categories and eligibility.
- US Department of Labor, PERM Labor CertificationAuthoritative source on the labor certification process (PERM) required before filing most EB-3 petitions.
- US Department of State, Visa BulletinMonthly bulletin listing EB-3 priority dates and visa availability by country of chargeability.
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This material is for informational purposes only and does not constitute legal or immigration advice. EB-3 eligibility, priority dates, and processing times are determined by USCIS and the Department of State and are subject to change. Every case is fact-specific, prospective applicants should consult licensed US immigration counsel before making decisions. Past approval rates do not guarantee future outcomes.
