EB-3 Visa, Explained

The EB-3 visa is a third-preference employment-based immigrant visa that allows foreign nationals to obtain lawful permanent residence in the United States based on a job offer from a U.S. employer. It is divided into three subcategories: skilled workers (requiring at least two years of training or experience), professionals (holding a U.S. bachelor's degree or equivalent), and unskilled workers (for positions requiring less than two years of training). To qualify, an employer must first obtain an approved PERM Labor Certification from the Department of Labor, demonstrating that no qualified U.S. workers are available for the position. This is followed by filing an Immigrant Petition for Alien Workers (Form I-140) with USCIS. The employer sponsorship requirement is a defining feature of the EB-3 category. One of the most significant factors affecting EB-3 applicants is visa availability. Because the U.S. issues a limited number of employment-based green cards annually, applicants from oversubscribed countries such as India, China, Mexico, and the Philippines may face multi-year or even multi-decade waits. The monthly Visa Bulletin published by the State Department tracks priority dates to determine when applicants may move forward. For eligible applicants already in the United States, adjustment of status (Form I-485) may be filed once a visa number becomes available. Those abroad must go through consular processing at a U.S. embassy or consulate in their home country. EB-3 applicants are encouraged to monitor the Visa Bulletin closely and work with a qualified immigration attorney to navigate the multi-step process, meet all documentation requirements, and respond promptly to any USCIS Requests for Evidence (RFEs).