In addition to immigrant visas for family members and immediate relatives, the United States also issues visas to individuals who are qualified to work in the country. These employment-based immigrant visas allow foreign workers who have found an employer willing to hire them to come to the United States permanently and work without an employment authorization document.
What is the EB3 visa?
Three different kinds of workers are eligible to immigrate permanently to the United States and work there thanks to the EB3 visa, which is a third-priority worker visa. These groups of workers are:
Skilled workers. Those who have completed at least 2 years of work experience or training.
Professionals. Those who can demonstrate that they have a higher or equivalent qualification such as a bachelor’s degree.
Unskilled workers. Those who have less than 2 years of work experience or training. The EW-3 visa is granted to unskilled laborers, as the article explains.
The quantity of EB3 visas that are granted annually is restricted. 28.6%, or roughly 40,040, of the 140,000 immigration visas granted under the work category are designated as EB3. The remaining applications are halted for the following year once this quota is met for the year.
What are the advantages of the EB3 visa?
With an EB3 visa, foreign workers can travel to the United States, live there permanently, and work without having to obtain an Employment Authorization Document (EAD). After working for the same company for a few years, they might switch positions. After receiving their Green Card, they must pay all taxes that are due. They are also free to move to a different state than the one they originally moved to, as well as travel both inside and outside of the country.
Who is eligible for the EB3 visa?
To be eligible for the EB3 visa, a foreign worker must demonstrate the following:
Have a valid, permanent job offer from a US employer.
Who has the qualifications to meet the job description in terms of education level and work experience?
On the other hand, the US employer must also demonstrate the following to qualify to sponsor a foreign worker for an EB3 visa:
That the employer was unable to find a willing, qualified, or available U.S. worker for the job position.
That the employer is financially stable to pay the foreign worker and can afford to sponsor the worker.
How to apply for the EB3 visa?
There are several steps involved in applying for an EB3 visa, which affect both the foreign employee and the employer. There are two steps involved in applying for an EB3 visa:
The US employer files the required petitions and obtains labor certification.
After being accepted, the foreign worker applies at a U.S. embassy in their nation of origin for the EW-3 visa
EB3 Application Procedures by a US Employer
Obtain labor certification
One of the requirements for a U.S. employer to hire a foreign worker is to demonstrate that there were no U.S. employees for the job. This can be done by obtaining a labor certification from the United States Department of Labor (DOL). Additionally, the U.S. employer must demonstrate that it does not discriminate against the foreign worker.
By filing Form ETA 9089 with the DOL, the employer represents that there were no U.S. employees available, willing, or qualified to assume the job position and that the foreign worker will be paid the prevailing wage for the specific job.
The DOL will process the application and notify the employer and employee of the decision. If approved, the employer obtains labor certification and can move to the next step to hire the foreign worker. The employer will have to reapply to the DOL and will not be able to hire the foreign worker if the labor certification is denied.
Presentation of the petition
To obtain final approval to hire the foreign employee, the U.S. employer must submit a petition to the U.S. Citizenship and Immigration Services. This is done by filing Form I-140, Immigrant Petition for Foreign Workers with USCIS. USCIS will require the employer to attach supporting financial documents such as statements, audits, tax returns, and others to evaluate whether you are able to pay the foreign worker and afford additional employees.
After reviewing the petition, USCIS determines whether to approve it. The US employer will not be able to hire the employee if they reject it, and they will have to try filing a petition once more. The matter is referred to the National Visa Center (NVC) if the petition is granted.
After that, NVC will mail a package to the foreign employee who fits any of the descriptions. The package will contain the case number and the invoice identification number that the foreign worker can use to submit the application. The packet will also contain instructions on the application process. NVC will only send this package when the foreign worker’s priority date becomes effective, though, as there is a cap on the number of visas.
EB3 Foreign worker request procedures
Fill out Form DS-261, Agent and Address Selection.
The foreign worker needs to complete and submit this online form, filling out each section. This form is used to apply for a visa for foreign workers to the US Embassy in their home country. You will receive a confirmation page after submitting this form as a foreign worker, which you should send to the NVC along with your supporting documentation.
Complete medical examination and vaccination
You must also meet certain health requirements in order to relocate permanently to the United States. This implies that in order to finish the required paperwork and checks, you will need to visit a licensed physician and adhere to the NVC package. You will also need to obtain any vaccines that you may not currently have.
Fill out the EB3 visa supporting documents file
Once your DS-261 form has been approved by the NVC, you will need to send in case-related supporting documentation.
The documents required for the EB3 visa application are as follows:
- Your passport which must be valid for more than 6 months after your intended departure to the United States
- Your job offer from the US employer
- Labor certification approved
- The petition approved
- Your DS-261 confirmation page
- Your signed medical and vaccination documents
- Two photographs that meet the US Visa photo requirements
- Academic achievements (diplomas and certificates)
- Your CV or resume
- Court and criminal records
- Depending on the case, the NVC may require other supporting documents, so you should follow their instructions carefully.
Attend the visa interview
The NVC will set up an interview for you at the US Embassy following their review of your documentation. You have to show up for the visa interview at the appointed time. After examining your records and background, the US official will determine whether or not to grant you an EB3 visa.
Get the NVC package and travel to the United States
You will receive a package from NVC if your visa is granted. This package cannot under any circumstances be opened. You will need to present it to an immigration officer at the port of entry when you travel to the United States. They alone have the authority to open it and determine whether you are allowed entry into the US.
What are the fees for the EB3 visa?
For the EB3 visa, there are numerous fees that must be paid by both the foreign worker and the US employer. The following fees will need to be paid by both you and your employer:
- DOL (Employer) Labor Certification Fee
- USCIS Form I-140 Petition Filing Fee (Employer)
- DS-261 Form Processing Fee (Employee)
- Expenses for medical visits (employee)
- Fees for obtaining supporting documents (employee)
- Any translation costs from the foreign language to English (employee)
How long is the EB3 green card processing time?
EB3 Green Card processing time can vary in most cases from as little as 1 to 3 years up to very long wait times of 6 or more years. The yearly cap on EB3 visas means that the processing period can be very lengthy. Your visa might be processed in a few months if your annual income is within the limit.
Can I access American healthcare with an EB3 visa?
Yes, you will have access to healthcare in the United States as an EB3 visa holder, however, the costs of obtaining medical care in the United States are among the highest in the world.
Treating a broken leg or broken arm will cost you $2,500, while hospitalization in a US hospital can cost over $10,000 on average. You should choose the immigrant health insurance plan that is best for you, which is overall also affordable and covers your needs.
Can I bring my spouse and children to the United States on an EB3 visa?
Your spouse and unmarried children under 21 are also eligible to accompany you in the United States if you are granted an EB3 immigrant visa. Children may apply for an E-35 visa, while spouses of skilled and professional workers may apply for an E-34 visa.
Spouses and children may apply for the EW-4 and EW-5 visas, respectively, for unskilled workers. The spouse of an EB3 visa holder may use these visas to apply for an Employment Authorization Document (EAD) and, if approved, to work in the country.
Other types of employment-based immigrant visas
The types of employment-based immigrant visas are as follows:
- The EB-1 visa or priority worker visa is for professors, researchers, people with extraordinary abilities in the fields of art, science, business, athletics or education, as well as executive managers who have worked at a foreign subsidiary of a US company for the last 3 years
- The EB-2 visa or second priority worker visa is intended for professionals with advanced degrees and people with extraordinary abilities in the arts, sciences or business.
- The EB3 visa or third priority worker visa is intended for skilled workers with more than 2 years of experience, professionals with a higher education degree or unskilled workers with less than 2 years of experience (EW-3 visa).
- EB-4 visa or fourth priority worker visa is intended for various workers of religious, government or international organizations
- The Fifth Priority Worker Visa, also known as the EB-5 visa, is intended for foreign investors who plan to contribute between $500,000 and $1 million to the American economy.