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EB-3 Immigrant Visa

The EB-3 visa is a U.S. immigrant visa designed for foreign workers who possess skills, experience, or education in occupations that require at least a bachelor’s degree. Below are the key aspects of the EB-3 visa:

Key Features of the EB-3 Visa:

Categories:

The EB-3 visa has three subcategories:

  • EB-3A (Professional Workers): For individuals with a bachelor’s degree (or its equivalent) in a profession that requires at least a bachelor’s degree.

  • EB-3B (Skilled Workers): For individuals with at least two years of work experience or training in a skilled occupation and a job offer in that occupation in the United States.

  • EB-3C (Other Workers): For individuals performing unskilled labor that is not temporary or seasonal, with less than two years of work experience or training, and a job offer in the United States.

Labor Certification:

Before applying for an EB-3 visa, employers must obtain labor certification from the U.S. Department of Labor (DOL) to demonstrate there are no qualified U.S. workers available for the position.

Priority Date:

Once the labor certification is approved, the employer files an immigrant petition (Form I-140) on behalf of the foreign worker. The priority date for the EB-3 visa is the date the labor certification application is filed with the DOL.

Visa Availability:

The EB-3 visa may be subject to annual quotas and country-specific limitations. The availability of the visa may determine when applicants can proceed with the next steps in the immigration process.

Adjustment of Status or Consular Processing:

Once the EB-3 petition is approved, the foreign worker may apply for an immigrant visa through adjustment of status (if in the U.S.) or consular processing (if outside the U.S.).

Spouses and Children:

Spouses and unmarried children under 21 years of age of EB-3 visa holders may accompany or follow to join the principal applicant as derivative beneficiaries.

Permanent Residency:

Upon approval of the EB-3 visa and entry into the United States, the applicant becomes a lawful permanent resident. After meeting the necessary residency requirements, EB-3 visa holders may apply for U.S. citizenship.