EB3 Visa: Is this an easy option to get green card

If you are looking to get an employment-based green card in the United States, the EB3 visa could be a great option. This visa allows you to live and work in the United States permanently, and there are a number of ways to qualify for it. In this blog post, we will discuss how to get an EB3 visa and the requirements for eligibility. So if you are interested in learning more about the EB3 visa, keep reading!

What is EB3 Visa

The EB3 visa, also known as the third preference employment-based immigrant visa is available to foreign nationals who are:

1. skilled workers
2. professionals or
3. other workers (Unskilled workers)

The holders of this visa are able to bring their spouses and children under the age of 21 to the US. The EB3 visa also gives the visa holders the ability to apply for United States citizenship after five years of the green card approval(if they meet all other eligibility requirements)

Who qualifies for EB3 Visa

EB3 Visa requirements? Who can apply for EB3 Visa

let me give an overview of the eligibility criteria to be met for each of the above 3 categories

A. Criteria to be met for Skilled Workers

• You must be able to demonstrate that you possess at least 2 years of job experience, education, or training that meets the job requirements specified on the labor certification.
• Relevant post-secondary education may be considered as training.
• You must be performing work for which qualified workers are not available in the United States.
• Labor certification and a permanent full-time job offer is necessary

B. Criteria to be met for Professional workers

• You must demonstrate that you possess a U.S. baccalaureate or foreign equivalent degree and that a baccalaureate degree is the normal requirement for entry into the occupation.
• You must be performing work for which qualified workers are not available in the United States.
• Education and experience may not be substituted for a baccalaureate degree.
• You must meet any other requirements specified on the labor certification
• Labor certification and a permanent full-time job offer is necessary

C. Criteria to be met for Unskilled workers

• You must demonstrate the ability to perform unskilled labor (requiring less than 2 years of training or experience), that is not of a temporary or seasonal nature.
• You must be performing work for which qualified workers are not available in the United States.
• You must meet any other requirements specified on the labor certification.
• Labor certification and a permanent full-time job offer must be necessary. Source: USCIS.gov

How to apply for EB3 Visa

The process for EB3 consists of 5 main steps:

1. Get a Prevailing Wage Determination
2. Prove there are no qualified Americans who can perform the same job
3. Applying for the PERM Labor certification
4. submission of form I140
5. If I140 is approved you could then apply for I485 (Adjustment of Status)

EB3 Visa fees or Cost

As of the publishing date of this article for the USCIS fee :

• No filing fee for the ETA Form 9089 also called Permanent Labor Certification OR Employment certification ( which is with US DOL)
• The cost for filing I140 – $700
• premium processing fee(if applicable and optional) – $2500

Then there is a separate fee associated with the Form I485 adjustment of status (considering your I140 is approved)

• this could range anywhere from 750$ to 1225$ for each individual (see the below chart)
• There is also a DS-260 processing fee if you are applying from outside the US, also called the Immigrant visa application – $325, and Affidavit of Support Fees for Form I864 – $120 for a total of $445

Note: There could be other miscellaneous fees, like attorney fees, medical exam fees, and shipping fees which are not covered here.

EB3 Visa processing time

please check the following link from the USCIS website https://egov.uscis.gov/processing-times/ for the official processing times.

Which is better EB2 or EB3

The answer depends upon the individual circumstances and would considerably depend upon the priority dates. if you can meet the criteria set forth for EB2 then you could choose EB2 over the EB3 visa category.

Important: It is to be noted that for a few countries like China, and India the priority date for EB3 could sometimes move faster than EB2, so always keep an eye on the visa bulletin. Check how to read U.S. Visa bulletin to know if your priority dates are current or eligible to apply for I-485 (Adjustment of Status).

Which is better EB1 or EB3

if you can meet the criteria set forth for an EB1 visa then one can definitely consider EB1 over the EB3 visa category.

How hard it is to get EB3 Visa

EB3 Visa approval rate?

Going based on the statistics provided by the USCIS for the fiscal year 2019, of the total 46,036 I140 petitions received 38,148 were approved under the EB3 visa category. The rest were either denied or pending. so that’s a significantly higher approval rate than that of the EB1 visa category.

Can EB3 Visa be denied?

Yes, you can be denied if you do not meet all the criteria set forth above. If you are considering applying for an EB3 visa, be sure to consult with a competent immigration attorney to ensure that you meet all of the eligibility requirements and understand the processes involved in applying under this category.

Is EB3 Visa a green card

No. Once Form I140 is approved for an EB3 visa, you would then have to submit Form I485 for adjustment of status. Once I485 is approved you would then get a green card.

Can the spouse of EB3 Visa holder work

Yes, one can apply for Employment Authorization Document (EAD) during the application process for I-485 (Adjustment of status) while waiting for the green card to arrive. Once the EAD arrives the spouse can start working.

Who can sponsor EB3 Visa

Normally the EB3 Visa can only be sponsored by the U.S. employer where you have a permanent full-time job offer.

When will EB3 priority date become current

How to check Visa Bulletin for EB3?

for the official dates please follow the link to USCIS. Once on the USCIS website follow the link for the current month’s Adjustment of status filing charts and look up the Employment-based preference filing and specifically in this case under the table Employment-based 3rd.

if there are two tables A. Final action dates and B . Dates for filing table, the dates of the filing table would let you know when you may assemble and submit the required documents for adjustment of status.

OR you could follow my step-by-step tutorial here on how to read U.S. visa bulletin

Difference between an H1B visa & EB3 visa

The main difference is that H1B is a nonimmigrant visa, whereas EB3 is an immigrant visa with an intent to become a permanent resident of the U.S.

Conclusion

The EB3 visa could be a great option for professionals and unskilled workers who want to live and work in the United States for the reasons mentioned above. If you are interested in pursuing an EB3 visa, be sure to consult with an experienced immigration attorney who can help you navigate the process. With careful planning and execution, you can achieve your dreams of living and working in the United States.