EB3 Green Card

The EB-3 employment visa is an immigrant visa category which allows foreign nationals who are skilled workers, professionals or other type of workers to enter into the U.S. to obtain permanent residency.

The various categories under the EB-3 Employment based immigrant visa are:

EB-3(A): This category is for ‘professional workers’ with a U.S. bachelor’s or foreign equivalent degree and with a job offer from a U.S. company

EB-3(B): This category is for ‘skilled workers’ for positions that require at least two years of training or experience and with a job offer from a U.S. company

EB-3(C): This category is for ‘unskilled workers’ for positions that require less than two years training or experience and with a job offer from a U.S. company

OR

Check My Eligibility

To be eligible as a “Professional” you must be a qualified foreign national holding at least a U.S. baccalaureate degree or a foreign equivalent degree and be a member of the professions.

To be eligible as a ‘Skilled worker’, you must be a foreign national capable of performing skilled labor which:

1. Requires at least two years of training or experience
2. Is not of a temporary or seasonal nature
3. Does not have appropriately qualified workers available in the U.S.

Note: Relevant post-secondary education may be considered as training for the purposes of this provision.

To be eligible as ‘unskilled worker’, you must be a qualified foreign national who is capable of performing unskilled labor which:

1. Requires less than two years of training or experience
2. Is not of a temporary or seasonal nature
3. Does not have appropriately qualified workers available in the U.S.

On EB-3 immigrant visa, you may:

1. Reside permanently the U.S.
2. Work in the U.S.
3. Travel freely in and out of the U.S.
4. Apply for dependent visas for your spouse and children below 21 years

No, the Department of State does not impose any restrictions on the number of times you may travel in and out of the U.S.

You must be able to provide evidence that you meet the requirements specified on the Labor Certification, which requires no less than 2 years of job experience, education or training.

If there labor certification requires a degree, you must be able to provide evidence that you meet the educational requirement which may be in the form of an official college or university record showing the date the degree was awarded (if completed) and area of concentration of study, if applicable.

If there is a training or experience requirement, you must be able to provide evidence that you meet the requirement which may be in the form of letters from previous employers, training certificates, or comparable evidence.

You must be able to provide evidence that you meet the requirements specified on the Labor Certification, which requires at least a Bachelor’s degree or its foreign equivalent. Evidence includes: :

1. Evidence of a U.S. baccalaureate degree or a foreign equivalent degree. This evidence may be in the form of an official college or university record showing the:

2. If applicable, evidence of any required experience, training, certification or licenses, which may be in the form of experience letters, employment verification letters, certifications and licensure documentation.

Your petition for EB-3 professional worker classification must be accompanied by evidence that you meet any educational, training and experience, and other requirements of the Labor Certification.

There are 2 main paths to the green card- immigrant visa processing and Adjustment of Status.

If you are outside the U.S. and want to enter the U.S. as an EB-3 worker, you must go through the immigrant visa process or “consular processing”:

1. Your prospective employer must determine if you are eligible for lawful permanent residency in the U.S.
2. Your employer must file the ETA Form 9089 Labor Certification with the Department of Labor.
3. Once the ETA Form 9089 is certified, the employer must file the Form I-140, Petition for Alien Worker along with the evidence and documents described above.
4. Once the Form I-140 is approved by USCIS, you must obtain an immigrant visa at a U.S. Consulate or Embassy abroad. If you have a spouse and any unmarried children under 21 years of age, they may also apply for immigrant visas to accompany you to the U.S.
5. After approval of the immigrant visas, you (and your derivative dependents) may enter the U.S. and will become lawful permanent residents or “green card holders” upon entry to the U.S.

If you are in the U.S. in valid nonimmigrant status, you may follow the Adjustment of Status process:

1. Your prospective employer must determine if you are eligible for lawful permanent residency in the U.S.
2. Your employer must file the ETA Form 9089 Labor Certification with the Department of Labor.
3. Once the ETA Form 9089 is certified, the employer must file the Form I-140, Petition for Alien Worker along with the evidence and documents described above.
4. If there are visa numbers available as per the Dept. of State Visa Bulletin, you may concurrently file the Form I-485, Adjustment of Status Application with the Form I-140. Alternatively, you may file the Form I-485 at a later time or when your priority date becomes current. If your spouse and any unmarried children under 21 years of age are also in the U.S. in valid nonimmigrant status, they may also each file the Form I-485 along with you.
5. Once the Form I-140 and Form I-485(s) are approved, you will be a lawful permanent resident or “green card holder”.

Note: Individuals who are in the U.S. may opt to follow the consular processing route or the adjustment of status process.

Yes, upon approval of your Form I-140, Immigrant Petition for Alien Worker, your spouse and children under 21 years of age may apply for immigrant visas through adjustment of status in the U.S. or through consular processing at a U.S. consulate outside the U.S.

There are several ways you can check the status of the application:

1. Check out VisaPro’s My US Visa Status tool
2. Check on U.S. Citizenship & Immigration Services’ website at Case Status Online – Case Status Search (uscis.gov)
3. Log into your MyUSCIS account

If your Form I-140, Petition for Alien Worker is denied, you may file Form I-290B, Notice of Appeal, along with the required fee at the appropriate USCIS Regional Service Center within 33 days of receiving the denial.