What is an EB-3 visa?

The EB-3 visa is an employment-based immigration category that allows foreign workers to obtain permanent residence (a green card) in the U.S. through a job offer from a U.S. employer. It is divided into three subcategories:

• Skilled workers: Require at least two years of experience or specialized training.
• Professionals: Must have a college degree (equivalent to a U.S. bachelor's degree).
• Other workers: Includes unskilled jobs requiring less than two years of training or experience (for example, cleaning staff, farm workers, kitchen helpers, etc.).

Eligibility Requirements

✔️Permanent, full-time job offer from a U.S. employer.

✔️Meet specific job requirements (education, experience, skills).

✔️Have a PERM labor certification approved by the Department of Labor (DOL).

✔️The employer must demonstrate the financial ability to pay the offered salary.

What is the process for applying for an EB-3 visa?

• PERM Labor Certification
• The employer must demonstrate that there are no U.S. workers available for the position (mandatory recruitment process).
• I-140 Petition
• The employer files Form I-140 with USCIS, along with evidence of the worker's and company's profile.
• I-140 Approval
• Once approved, the beneficiary can move on to the next step depending on their place of residence.
• Adjustment of Status (within the U.S.) or Consular Processing (outside the country)
• If you are in the U.S. legally, you can file for Adjustment of Status (I-485).
• If you are abroad, you must attend an interview at the U.S. consulate.

📄What documents are required for the EB-3 visa interview?

• Approved PERM labor certification.
• Form I-140.
• Evidence of compliance with the profile: degrees, certificates, letters of work experience.
• Employer documents: tax returns, balance sheets, job offer letters.

What are the restrictions?

⚠️The worker must remain with the sponsoring employer until receiving a green card. Changing employers before then may affect the process.

⚠️The "other workers" subcategory typically has longer delays, as it has a lower quota.

Can I bring family members?

Spouses and unmarried children under 21 can obtain a green card as derivative beneficiaries.

Estimated Timeframes

• PERM Certification: 6 to 12 months
• I-140 Petition: 6 to 12 months
• Adjustment of Status/Consular Processing: An additional 8 to 18 months
• Timeframes may vary depending on the country of origin and USCIS burden.

Frequently Asked Questions

• Can I change employers after obtaining a green card?

Yes, once you obtain a green card, you are not tied to an employer.

• Is a PERM required?

Yes, it is always required for EB-3, with exceptions in other categories (such as EB-1 or EB-2 with a national interest exception).

• Can the experience be acquired within the same employer?

No, it must be previously and proven before the current job offer.

• Can I apply from outside the U.S.?

Yes, you can complete consular processing from your home country.

• Can the employer cancel the offer during the process?

Yes, and that could stop or invalidate the process.

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