EB3

EB-3 Green Card: A Pathway for Skilled Workers, Professionals, and Other Workers

Introduction

The EB-3 Green Card is an employment-based immigration category designed for foreign nationals who wish to live and work permanently in the United States. This category is open to skilled workers, professionals, and other workers who have a job offer from a U.S. employer. The EB-3 green card is a great pathway for individuals with various levels of education and work experience to achieve U.S. permanent residency and enjoy the benefits of living and working in the country.

What is the EB-3 Green Card?

The EB-3 green card is part of the Employment-Based Third Preference category, which allows U.S. employers to sponsor foreign workers to fill positions for which there are no qualified U.S. workers. The EB-3 category encompasses three subcategories: Skilled Workers, Professionals, and Other Workers. Each of these categories has its own specific requirements and eligibility criteria.

Key Benefits of the EB-3 Green Card

• Direct Path to Permanent Residency: Provides a direct path to U.S. permanent residency for the applicant and their immediate family (spouse and unmarried children under 21).

• Work Flexibility: Once granted, the EB-3 green card allows the holder to live and work anywhere in the U.S. without the restrictions associated with temporary work visas.

• Variety of Eligibility: Unlike other employment-based green card categories, the EB-3 is accessible to a wide range of workers, from skilled professionals to individuals without advanced degrees.

Subcategories of the EB-3 Green Card

The EB-3 category is divided into three main subcategories:

1. Skilled Workers

• Who Qualifies: Individuals whose jobs require a minimum of 2 years of training or work experience. This category is for workers in positions that cannot be filled by U.S. workers with the same level of skills and training.

• Evidence Required:

  • Proof of at least 2 years of job experience or training in the relevant field.

  • A permanent, full-time job offer from a U.S. employer.

2. Professionals

• Who Qualifies: Individuals who hold at least a U.S. bachelor's degree (or a foreign equivalent) in a field related to the job offer. The position must typically require a bachelor's degree for entry.

• Evidence Required:

  • Proof of a bachelor's degree or its foreign equivalent.

  • A permanent, full-time job offer from a U.S. employer.

• Note: Work experience cannot be used as a substitute for a bachelor’s degree in this category.

3. Other Workers (Unskilled Workers)

• Who Qualifies: Individuals who perform unskilled labor requiring less than 2 years of training or experience. These positions must not be temporary or seasonal and must require a permanent, full-time job offer from a U.S. employer.

• Evidence Required:

  • Evidence of the ability to perform the job.

  • A permanent, full-time job offer from a U.S. employer.

• Note: This category often has longer wait times due to the high demand and limited number of visas available annually.

The EB-3 Application Process

The process of applying for an EB-3 Green Card involves several steps, primarily handled by the sponsoring U.S. employer:

1. Labor Certification (PERM Process)

   • The employer must obtain a Permanent Labor Certification (PERM) from the U.S. Department of Labor (DOL). This process ensures that there are no qualified U.S. workers available to fill the position and that hiring a foreign worker will not adversely affect the wages and working conditions of U.S. workers.

   • The employer must follow strict recruitment procedures, including advertising the job and documenting efforts to hire a U.S. worker.

2. Employer Files Form I-140 (Immigrant Petition for Alien Worker)

   • After obtaining PERM certification, the employer files Form I-140 with the U.S. Citizenship and Immigration Services (USCIS) on behalf of the foreign worker.

   • The petition must include evidence that the applicant meets the qualifications for the specific EB-3 subcategory (Skilled Worker, Professional, or Other Worker) and that the employer has the financial capability to pay the offered wage.

3. File for Adjustment of Status or Consular Processing

   • Adjustment of Status (Form I-485): If the applicant is already in the U.S. and the priority date is current, they can file Form I-485 to adjust their status to permanent resident.

   • Consular Processing: If the applicant is outside the U.S., they will go through consular processing at a U.S. embassy or consulate after the I-140 petition is approved.

4. Attend Biometrics Appointment

   • The applicant will need to attend a biometrics appointment to provide fingerprints, photographs, and a signature for background and security checks.

5. Interview and Final Decision

   • In some cases, the applicant may be called for an interview with a USCIS officer. USCIS will review the application, verify eligibility, and make a final decision on the green card application.

Processing Times for the EB-3 Green Card

• The processing time for the EB-3 green card can vary based on factors like the applicant’s country of origin, the U.S. employer’s location, and the applicant’s specific subcategory.

• Generally, the Other Workers subcategory has longer wait times due to the annual visa limits and high demand.

Tips for a Successful EB-3 Application

• Ensure Proper Documentation: The employer and applicant must gather all required documentation to prove eligibility, including educational qualifications, job experience, and the financial capacity of the employer.

• Follow PERM Requirements: The employer must adhere to the Department of Labor's PERM regulations during the recruitment process to avoid delays or denials.

• Work with Legal Experts: Consulting an immigration attorney experienced in EB-3 cases can help navigate the complexities of the PERM process and the application requirements.

Conclusion

The EB-3 Green Card offers a valuable opportunity for skilled workers, professionals, and even unskilled workers to secure permanent residency in the United States. By understanding the requirements and steps involved in the EB-3 process, applicants can better prepare themselves for a successful application. Whether you are a skilled professional or seeking an unskilled labor position, the EB-3 category provides a pathway to build a life and career in the U.S.

If you need more information or personalized assistance with your EB-3 application, please contact us or visit our EB-3 Services page.