EB-3 Visa: Purpose, Categories, Process & Cost

EB-3 Visa: Key Takeaways

• The EB-3 visa allows U.S. employers to hire foreign professionals and skilled and unskilled workers when there are no qualified U.S. candidates for the job
• The process begins with a PERM labor certification, followed by Form I-140, and continues with steps by the employee depending on whether they are in the U.S. or abroad
• Costs and processing times vary based on where the candidate is applying from and how soon a visa number becomes available
• Throughout the process and employment, companies must stay compliant with prevailing wages requirements and notify the U.S. Citizenship and Immigration Services (USCIS) of any job changes
• Partnering with an experienced immigration law firm can help handle any complexities and avoid delays

Struggling to fill critical roles at your company? The EB-3 visa can help you hire skilled workers, professionals, and unskilled laborers when you cannot find enough labor resources in the United States.

This guide will break down:

• What an EB-3 visa is
• The subcategories and requirements
• The step-by-step process
• Processing time and cost

EB-3 Visa: Purpose

The EB-3 visa is an employment-based visa that allows you to hire professionals, skilled workers, and certain other workers to meet labor shortages your business might be experiencing.

The EB-3 visa is a direct path to a U.S. Green Card, making it a popular choice for those seeking long-term employment and residency in the U.S.

EB-3: Visa Categories & Requirements

The EB-3 visa is meant for three subcategories:

Skilled Workers

This subgroup covers people with practical knowledge in their field without necessarily having a degree: electricians, plumbers, HVAC technicians, and automotive mechanics.

They must:

• Have at least two years of job experience or training in the position offered.
• Meet the job requirements specified on the labor certification.

Professionals

This subgroup includes individuals whose jobs involve analytical or specialized knowledge, such as accountants, engineers, teachers, or software developers.

To be eligible, they are required to:

• Have a U.S. bachelor’s degree or a foreign equivalent directly related to the position.
• Meet the labor certification requirements for the job.

Unskilled Workers

Known also as “other workers” or EW visa holders, these individuals perform jobs that involve hands-on, routine tasks: housekeepers, farmworkers, caregivers, and food processing staff.

The requirements include:

• Capability to perform unskilled labor with less than two years of training or experience.
• Meeting labor certification requirements.

Each year, the EB-3 visa category is limited to 28.6% of the total worldwide employment-based green card cap. 10,000 visas from this quota can be granted to workers in the “other workers” (EW) subcategory.

EB-3 Visa: Process

1. Obtain PERM Labor Certification

To sponsor a worker under the EB-3 visa, as an employer, you must first obtain a Permanent Labor (PERM) Certification from the U.S. Department of Labor (DOL).

The PERM process verifies:

• The job you are offering is real and permanent.
• The wage meets or exceeds the prevailing wage for the position.
• There are no qualified or willing U.S. workers to take the job.

What you need to do:

• Advertise the position through multiple channels.
• Document your recruitment efforts.
• Wait for DOL approval.

The timeline for the PERM process is typically between 14 and 22 months.

2. File Form I-140

After receiving a PERM approval, file Form I-140, Immigrant Petition for Alien Worker, with the USCIS.

3. Wait For A Decision On Form I-140

After filing Form I-140, USCIS will review your petition to verify your intent to sponsor the foreign worker and their eligibility for the EB-3 visa.

Once Form I-140 is approved, the process moves to the worker, who must wait for a visa number to become available in the monthly Visa Bulletin.

• If the worker is already in the United States on a valid visa, they must file Form I-485, Application to Register Permanent Residence or Adjust Status.
• If the worker is applying from abroad, they must file Form DS-260, go through consular processing, and attend an interview where a final decision will be made.

EB-3 Visa: Cost

Sponsoring a foreign worker for an EB-3 visa involves several government filing fees related to the forms used during each step of the process.

• Form I-140 general filing fee: $715
• Form I-485 fee: $1,440
• Form DS-260 fee: $345

EB-3 Visa: Processing Time

The total processing time for an EB-3 visa can vary based on various factors:

• Government workload.
• The country from where the worker is applying.
• How long it takes for a visa number to become available.

General timelines include:

• Processing time for Form I-140 for skilled workers and professionals: 5-7 months.
• Processing time for Form I-140 for unskilled workers: 8-13 months.
• Processing time for Form I-485 for employment-based applications: 12-34 months.

Employer Considerations & Compliance

As an employer, you are required to meet strict requirements to sponsor a worker for an EB-3 visa.

• Document all your attempts to hire U.S. workers.
• Pay the government-determined wage for the role.
• Have no history of visa fraud or labor violations.

Your responsibilities don’t end when the employee joins your team. You must:

• Comply with Department of Labor audits.
• Inform USCIS of changes in job duties, location, or employment status.
• Maintain immigration documentation and proof of compliance.

Need Help With The EB-3 Visa? Call Spar & Bernstein

Applying for an EB-3 visa requires careful coordination between the employer and the worker, as each of them is responsible for distinct steps in the process.

Many things can go wrong, which can result in delays and disruption of your business operations.

This is where immigration lawyers can make a real difference, especially ones with a proven track record like Spar & Bernstein.

Since 1958, our team has supported thousands of businesses and individuals, handling employment and family immigration, investor visas and citizenship cases.

Our lawyers can help you with the EB-3 visa process by:

• Determining eligibility.
• Navigating the PERM process.
• Filing immigration petitions.
• Helping your workers with applications and interview preparation.

For trusted legal support, consult Spar & Bernstein.

EB-3 Visa: FAQs

Is premium processing available for EB-3?

Yes, premium processing is available for Form I-140, ensuring a decision within 15 days. It costs $2,805.

What happens if my petition is denied?

If USCIS denies your petition, they’ll provide a reason for their decision. You may be able to appeal or reapply with corrected information. Contact our team at Spar & Bernstein to get legal advice.

Can I sponsor more than one employee for an EB-3 visa?

Yes, there is no limit to the number of employees you can sponsor for an EB-3 visa. However, you should be able to prove each role is legitimate, full-time, and meets DOL wage and recruitment requirements.

How long is an approved PERM labor certification valid?

An approved PERM certification is valid for 180 days from the date of the approval. If you don’t file Form I-140 during that time, the certification will expire and you’ll need to start the process from the beginning.

What if my petition is denied and I can’t find U.S. workers?

Your petition can be denied due to incomplete documentation or incorrect wage calculations. Work with our experienced and compassionate team at Spar & Bernstein to ensure accurate and timely completion and filing and higher chances of success.