EB-3 Visa (Employment-Based Permanent Residency for Professionals)
EB-3 VISA
The EB-3 visa is an employment-based, third preference visa for skilled workers, professionals, and other workers seeking permanent residence in the U.S. Here’s a step-by-step guide on the process:
Step 1: Employer's Job Offer & Qualification Check
- The U.S. employer must offer a full-time, permanent job to the foreign worker.
Step 2: PERM Labor Certification (ETA Form 9089)
- The employer must obtain a labor certification from the U.S. Department of Labor (DOL) to prove that:
- No qualified U.S. worker is available for the job.
- The wage offered meets the prevailing wage for that occupation.
- Recruitment Process:
- Advertise the job (via newspapers, job portals, etc.).
- Conduct recruitment and document efforts to hire U.S. workers.
- If no qualified U.S. worker is found, the employer files ETA Form 9089 with the DOL.
- Processing Time: Can take 6 months to over a year, depending on DOL backlog and audits.
Step 3: I-140 Petition (Immigrant Petition for Alien Worker)
- Once the PERM is approved, the employer must file Form I-140 with U.S. Citizenship and Immigration Services (USCIS).
- The employer must provide:
- Proof of ability to pay the employee’s wage (financial documents, tax returns).
- Evidence that the foreign worker meets the job qualifications.
- Processing Time:
- Regular Processing: 6–12 months.
- Premium Processing: (Optional, $2,805 Fee): 15 calendar days.
Step 4: Priority Date & Visa Bulletin Wait Time
- The “Priority Date” is the date the PERM labor certification was filed.
- The applicant must wait for a visa to become available based on the Visa Bulletin released by the U.S. Department of State (if applicable).
- Skilled and professional workers from most countries may have shorter wait times.
- Other workers (unskilled category) and applicants from India, China, and the Philippines often face longer backlogs.
Step 5: Adjustment of Status (I-485) or Consular Processing
Once the priority date is current, the worker applies for a Green Card through one of two methods:
A) Adjustment of Status (For Those in the U.S.)
- File Form I-485 (Application to Register Permanent Residence) with USCIS.
- Attend biometrics appointment & possible interview.
- Receive Employment Authorization Document (EAD) & Advance Parole (Travel Permit).
- Wait for the final Green Card approval.
B) Consular Processing (For Those Outside the U.S.)
- File DS-260 (Immigrant Visa Application) with the National Visa Center (NVC).
- Attend a visa interview at the U.S. embassy in the home country.
