What Is the EB3 Visa USA?
If you’re a skilled or unskilled foreign worker seeking permanent residency in the United States, the EB3 visa USA may be your best option. This employment-based immigrant visa allows foreign nationals to become lawful permanent residents (green card holders) through a qualifying job offer from a U.S. employer. Classified as the third preference category, the EB3 visa targets three types of workers:
- Skilled workers (with at least two years of experience or training)
- Professionals (with a U.S. bachelor’s degree or foreign equivalent)
Each of these subcategories requires a full-time job offer and sponsorship from a U.S. employer, as well as approval from the U.S. Department of Labor (DOL) through a process known as PERM labor certification.
Who Qualifies for an EB3 Visa?
The EB3 visa is divided into three subcategories based on your background and qualifications. Here’s what each one means and who qualifies: Skilled Workers
To qualify as a skilled worker:
- You must have at least two years of job experience or training.
- The job must not be temporary or seasonal in nature.
- You must meet the requirements listed in the labor certification.
Professionals
To qualify as a professional:
- You must possess a U.S. bachelor’s degree or foreign equivalent.
- The job must require a bachelor’s degree as its normal entry requirement.
- You cannot substitute education with experience.
Other Workers (Unskilled Labor)
To qualify as an “other worker”:
- The position must require less than two years of training or experience.
- The job must be full-time, permanent, and not seasonal.
- A labor certification is mandatory.
Each category also requires the applicant to be medically admissible and not otherwise inadmissible under U.S. immigration law.
Step-by-Step EB3 Visa Application Process
Let’s break down the full EB3 application process into three main stages, each with its own requirements and documentation.
Step 1: PERM Labor Certification
The sponsoring U.S. employer must first apply for and receive an approved PERM (Program Electronic Review Management) labor certification from the Department of Labor. This step involves:
- Prevailing wage determination
- Recruitment efforts to ensure there are no qualified U.S. workers
- Filing Form ETA 9089 with the DOL
This process can take 6–12 months or longer, depending on backlogs and complexity.
Step 2: Immigrant Petition (Form I-140)
This petition establishes the worker’s eligibility and the employer’s ability to pay the offered wage.
Premium processing is available for Form I-140, which expedites review to 15 calendar days.
Step 3: Adjustment of Status or Consular Processing
If the priority date is current (according to the Visa Bulletin issued monthly by the Department of State), the applicant may:
- File Form I-485 (Adjustment of Status) if already in the U.S.
- Proceed with Consular Processing if outside the U.S., attending a visa interview at a U.S. embassy or consulate
This stage includes:
- Background checks
- Medical examination
- Biometrics
- Interview with a USCIS or consular officer
How Long Does the EB3 Visa Take?
Processing times vary depending on many factors, including country of origin and USCIS/DOL workloads. A typical EB3 visa timeline is:
| Stage | Estimated Time |
|---|---|
| PERM Labor Certification | 6–12 months |
| I-140 Petition | 6–9 months (or 15 days with premium processing) |
| Visa Availability / Adjustment of Status | Varies (could be months to years) |
Some countries, such as India and China, face significantly longer waits due to annual visa quotas and high demand. Monitoring the monthly Visa Bulletin is essential to track availability by country and category.
EB3 Visa Job Offer Requirements
The job offered by the U.S. employer must:
- Be permanent and full-time
- Meet the criteria established in the prevailing wage determination
- Not be seasonal or temporary
The employer must also:
- Prove financial ability to pay the wage (through tax returns or audits)
- Cover all costs associated with the PERM labor certification
- Maintain good standing with U.S. labor and immigration laws
What Is PERM Labor Certification?
PERM is a process managed by the Department of Labor to confirm that:
- There are no qualified U.S. workers available for the job
Steps include:
- Job posting on state and national job banks
- Advertising in newspapers or online platforms
- Documenting all recruitment efforts
Once recruitment ends, the employer must wait 30 days before filing the ETA 9089 form.
Required Documentation for EB3 Visa
Before applying, both the employer and the applicant must gather key documentation to ensure the process runs smoothly.
The applicant and employer must gather and submit several documents, including:
- Approved PERM labor certification
- Form I-140 (petition)
- Proof of education/experience (degrees, diplomas, certifications)
- Job offer letter
- Medical exam results
- Form I-485 (for Adjustment of Status)
- Form DS-260 (for Consular Processing)
- Filing fees and biometrics
Additional documents may include:
- Birth certificate
- Passport
- Marriage certificate (if applying with dependents)
EB3 Visa Fees and Costs
In terms of government fees and optional services, here’s a general breakdown of what applicants and employers can expect:
| Fee Type | Amount (Approx.) |
| Prevailing Wage Determination | Free |
| PERM Labor Certification | Free (but employer bears recruitment costs) |
| Form I-140 Filing Fee | $700 |
| Premium Processing (Optional) | $2,805 |
| Form I-485 Filing Fee | $1,140 + $85 biometrics (for applicants aged 14–78) |
| Consular Processing Fee | $325 |
Costs do not include medical exams, translations, or legal representation.
Bringing Family Members With EB3 Visa
Spouses and unmarried children under 21 may qualify for derivative visas (E34, EW4 for spouses and E35, EW5 for children). They may also be eligible for:
- Work authorization (EAD) for spouses
- Education and healthcare benefits
The family members must go through similar background checks and medical exams.
EB3 Visa vs EB2 Visa: Key Differences
| Factor | EB3 | EB2 |
| Educational Requirement | Bachelor’s or less | Advanced degree or exceptional ability |
| PERM Required? | Yes | Yes (unless NIW) |
| Processing Time | Generally longer | Generally faster |
| Visa Backlog | More frequent | Less frequent (except for India and China) |
| Common Use | Skilled trades, entry-level professionals | Researchers, scientists, managers |
Common Challenges in the EB3 Process
While the EB3 path is promising, applicants should be aware of some common hurdles that could delay or complicate the process.
- Job availability: Some industries have limited demand
- Visa backlog: Countries like India and China face long waits
- Employer compliance: If the employer fails DOL audits, the petition may be denied
- Document issues: Missing or incorrect paperwork causes delays
How to Improve Chances of Approval
The good news is that with the right preparation and guidance, you can maximize your chances of a successful EB3 petition.
- Choose an employer familiar with the PERM process
- Work with an immigration attorney to avoid costly mistakes
- Keep documentation organized and updated
- Track priority dates monthly
- Ensure accurate translations and certified documents
When to Choose EB3 Over Other Employment Visas
Consider the EB3 visa if:
- You don’t qualify for EB2 (no advanced degree)
- You have a valid full-time job offer
- The employer is willing to sponsor and invest in the process
For those seeking quicker processing and higher priority, EB2 (especially with NIW) might be more strategic if you qualify.
Conclusion: Is the EB3 Visa Right for You?
The EB3 visa offers a viable path to permanent residency in the U.S. for skilled and unskilled foreign workers. While the process requires employer sponsorship and patience, the reward is a green card and legal status for both the applicant and their family.
At Immigration Universe, we help guide individuals and employers through each step of the EB3 visa process. If you’re considering this path, reach out for a personalized consultation.
Disclaimer
This article is intended for informational purposes only and does not constitute legal advice. Immigration law is complex and subject to change. For personalized guidance, consult with a licensed immigration attorney.
