What is the EB-3 Visa?

The EB-3 visa is for skilled workers, professionals, and other workers seeking permanent residency in the U.S. In other words, it’s a path towards a Green Card. Green Card

This visa category requires U.S. employer sponsorship, and more specifically, a full-time job offer that doesn’t have qualified U.S. candidates. U.S. employer sponsorship

The EB-3 visa process involves three key steps:

1. The PERM Labor Certification process
2. The I-140 Form (Immigrant Petition)
3. The I-484 Form (Adjustment of Status)

Before we break down each of these steps, let’s first take a look at the benefits of the EB-3 visa.

What are the benefits of the EB-3 visa?

The EB-3 visa stands out for several compelling reasons:

1. Almost any job qualifies for an EB-3 visa.
2. Unlike National Interest Waiver green card cases, there’s no need for a project in the U.S. national interest. (National Interest Waiver green card cases)
3. Unlike the EB-1A green card, no “extraordinary ability” is required. (EB-1A green card)
4. Filing a PERM labor certification application establishes your EB-3 priority date (your place in line) for the green card application. (priority date)

Given these advantages, it’s no surprise that people across all different professions choose the EB-3 visa as their path to permanent residency in the U.S.

In fact, nearly 100,000 PERM labor certifications are approved each year!

What are the EB-3 visa requirements?

You will need to be in one of the following categories and be eligible for the EB-3 visa:

EB-3 Visa: Skilled Workers

• Have a job offer from a U.S. employer
• Have at least two years of job experience or training

EB-3 Visa: Professionals

• Have a job offer from a U.S. employer
• Hold a bachelor’s degree or its equivalent

EB-3 Visa: Unskilled Workers or Other Workers

• Have a job offer from a U.S. employer
• Be capable of performing unskilled labor that requires less than two years of training or experience

EB-3 Visa Application Process

Now, let’s dive into the three key steps of the EB3 visa process!

Step 1: PERM Labor Certification

The first step towards getting an EB-3 visa is completing the PERM process with the U.S. Department of Labor (DOL). PERM, or Program Electronic Review Management, is the most common process employers use to help their employees secure a green card for permanent residence in the U.S. It is generally based on their employer performing a test of the U.S. labor market.

EB-3 PERM processing times can be long—the entire process can often take years before you actually receive a Green Card. Patience and diligence are essential in navigating this process. EB-3 PERM processing times

Now, let’s look at the four main parts of the PERM application process.

Part 1: Drafting the Job Description

A PERM application starts with carefully crafting a job description. Employers need to provide details such as the job title, duties, education, and experience requirements, and any additional criteria.

To ensure a smooth EB-3 visa process, it’s crucial to maintain a relevant job description, considering potential delays in EB-3 processing time. While a more general description is often recommended, there might be cases where a more detailed one is necessary.

In each PERM application, the Department of Labor assesses whether the job requirements are considered “normal.” Employers can typically only request education, training, and experience typical for the position. Any requirement exceeding this triggers additional review and prolongs the EB3 visa processing time.

If the Department of Labor questions specific job requirements, employers must show that it’s a “business necessity.” This means proving the extra qualifications are essential for job duties, and someone without them would be unable to do the job, even after reasonable on-the-job training.

For example, with a foreign language requirement, employers need to show a clear link between the job, the business, and the need for a foreign language.

Part 2: Prevailing Wage Determination

Now, onto part two of the EB-3 PERM green card process. Once the job details are finalized, a request for prevailing wage determination is submitted to the Department of Labor. The prevailing wage is essentially the standard pay for the role, considering job duties, requirements, location, and other relevant factors.

Important note here – the employer must show they can pay the prevailing wage later in the EB-3 visa process, when the worker actually receives the green card.

Part 3: Recruitment

We are at the third stage, which is the PERM recruitment process. This is where the employer places ads in several places to see if there are any available qualified U.S. workers.

As previously mentioned, EB-3 visa jobs are split into three categories: Skilled Workers, Professionals, and Unskilled Workers/Other Workers

The main distinction here is that professional roles usually call for a bachelor’s degree, while the other positions don’t.

For most EB-3 visas, the following recruitment activities are required:

• Place a job order with the local State Workforce Agency (SWA) (“job bank”) for at least 30 days.
• Run ads in newspapers on two Sundays.
• Post an internal job notice for ten consecutive business days.

If the job is a professional occupation, such as EB-2 and most EB-3 jobs, the employer must do at least 3 extra recruitment activities. EB-2 and most EB-3 jobs

PERM “Special Handling” for College and University Professors

Let’s quickly touch on PERM Special Handling, a process within the PERM labor certification system specifically for foreign workers in academic roles like professors, instructors, and lecturers at higher education institutions.

Instead of the standard recruitment process we just looked at, employers need to simply show that the faculty member was selected as the “most qualified” candidate for the position.

If the professor receives the offer letter within 18 months of PERM filing, no additional recruitment is needed. If not, the college or university undergoes a recruitment process, which includes one ad in a national professional journal (online ads work too if posted for at least 30 days). After placing the ad, the employer re-selects the sponsored employee based on the recruitment process.

Colleges and universities must also display a Posting Notice at the worksite for 10 days and obtain a Prevailing Wage Determination from the Department of Labor.

Recruitment with Pending Prevailing Wage

As the PERM processing time becomes longer and longer, employers often look for ways to expedite the EB3 visa process. One approach involves initiating recruitment while the Prevailing Wage Determination (PWD) is still pending with the Department of Labor (DOL).

Typically, the PWD is secured before recruitment to align advertisements with the determined wage. Failing to do so may require redoing ads, adding extra costs and complications. For straightforward cases where meeting the prevailing wage is certain, concurrent recruitment can speed up the PERM process.

However, for managerial or more complex positions, delays or disagreements with the PWD may arise. A practical approach is to delay costlier steps like newspaper ads until 2-3 months after submitting the PWD application. This allows flexibility to redo initial recruitment if needed, without significant consequences.

Part 4: Filing the PERM Labor Certification Application with DOL

Finally, we are at the final step of the PERM green card process!

If no qualified U.S. workers meeting all the minimum requirements are found, the employer can now submit the PERM application (ETA-9089) to the Department of Labor (DOL). This is done online through the Foreign Labor Application Gateway (FLAG) system, where both employers and attorneys can track the case. Typically, this must be done within 6 months of initiating recruitment.

The final PERM application will include details about the company, role, and employee. Explore current PERM processing times for every stage here. current PERM processing times for every stage here

Step 2: Form I-140

After the PERM labor certification is approved, the next step is filing Form I-140, the Petition for an Immigrant Worker with USCIS. This must be done within 180 days of DOL certification. This form outlines your employment details and confirms your employment offer for labor certification. Form I-140, the Petition for an Immigrant Worker

The I-140 form is filed with documentation confirming that the employer can pay the prevailing wage as shown earlier in the process. This is usually done by showing that the company has ample income and assets to cover the salary.

Completing the I-140 form requires showcasing your EB3 visa qualifications. Adding documents like your diploma, transcripts, or detailed recommendation letters from previous employers about your experience are helpful. detailed recommendation letters

Step 3: Form I-485 (or consular processing)

Once your Form I-140 is approved and your priority date becomes current on the Visa Bulletin, you can file Form I-485 to adjust your status to permanent resident within the United States. priority date, Visa Bulletin, Form I-485 to adjust your status

If you’re applying for an EB-3 Green Card from outside the U.S., you’ll go through “consular processing” to obtain a visa to travel to the U.S. as a permanent resident. After completing this process, you enter the U.S. and receive your green card.

What is a Green Card priority date?

A Green Card priority date is the moment you officially express your desire to apply for permanent residency (a green card), determining your place in the green card queue. priority date

For petitions requiring a Labor Certification, your EB-3 priority date is established by submitting the PERM labor certification to the Department of Labor (DOL).

Visa limits exist for each employment Green Card category and for each country. Lower preference categories and high-population countries (like China and India) typically have longer waiting times.

Each month, the State Department releases a Visa Bulletin showing the waiting periods for Green Cards. The chart “Dates for Filing vs. Final Action” can vary each month, so make sure to check the USCIS website for the most current information. Visa Bulletin, Dates for Filing vs. Final Action

EB-3 Visa Application Costs

There are two fees involved in an EB-3 visa:

1. EB-3 visa lawyer fees
2. Government fees and other costs

EB-3 Visa Lawyer Fees

When it comes to lawyer fees for the EB-3 visa, the costs can vary. For a personalized approach, we suggest choosing a firm specializing in EB-3 green cards.

At Manifest Law, our EB-3 visa lawyer fees start at $7,995 and can be paid over 6 months. EB-3 visa lawyer fees start at $7,995

PERM Green Card Advertising Fees

As part of the PERM recruitment process, most employers are also required to pay for advertisements. The fees can vary depending on your location and the type of advertising, typically ranging from $1 to $4,000 on average.

U.S. Government Fees

USCIS:

I-140 (Immigrant Visa Petition):

I-485 (Green Card Application with USCIS from within the US):

Form I-765 (Employment Authorization Application): with a pending or concurrent I-485 Form I-765 (Employment Authorization Application)

I-131: Advance Parole based on Pending/Concurrent I-485 I-131: Advance Parole

Should I hire a lawyer for an EB-3 visa?

The EB-3 visa process, along with the PERM process, is highly technical and complex, requiring careful attention to detail. Many applicants seek legal assistance to navigate the requirements and strengthen their application.

Getting an immigration attorney could make the difference in your EB-3 Green Card case. They know how the process works, help you get the right documents, and plan your case. They can handle challenges, navigate the system, and make sure you meet the EB-3 requirements. While it’s not required, having a lawyer often makes the application process simpler and helps you proceed with confidence.

If you choose to hire Manifest Law, we provide flexible payment plans of up to 6 months, a visa-approved or money-back guarantee (terms apply), and immigration lawyers with lots of experience with EB-3 visa and Green Card applications. terms apply