FAQ

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EB-3 (Employment Based Immigrant Visa /Green Card) for unskilled workers

For more information visit: https://www.uscis.gov/working-in-the-united-states/permanent-workers/employment-based-immigration-third-preference-eb-3

It’s an employment visa that allows the applicant and their family (wife and children) obtain the U.S. green card and be able to live in the United States. 

Green cards differ from temporary work visas in that, aside from a few exceptions, they all offer the same exact benefits. Every green card provides the holder with lawful permanent residence, meaning that they can live and work in the U.S. almost without restrictions (except for federal jobs that require security clearance). It is usually valid for ten years, after which time the holder will need to renew their green card. Renewal does not require the holder to re-qualify, only to pay the renewal fee and demonstrate that he or she has not committed any crimes or stayed outside of the U.S. for an extended period of time.

As far as requirements go, the EB-3 enjoys the lowest qualifications. You only need to have a non-seasonal job in order to qualify under the “other workers” category, so most workers are able to be eligible.

However, the EB-3 requires a PERM Labor Certification in order to file the I-140. The PERM requires your employer to post your job in several places and to perform a recruitment process in order to ensure that you are not taking the job of a qualified U.S. worker. This is an extensive part of the process that is vulnerable to obstacles like PERM audits and supervised recruitment.

Getting the terms visa and green card confused is a common occurrence as many people think that they are different things. In reality, a green card is a visa.

As we covered in the last question, there are immigrant visas (green cards) and nonimmigrant visas. The EB-3 is an immigrant visa, granting permanent residence to whoever holds it. The H-1B is a nonimmigrant visa, allowing the holder to stay temporarily in the U.S. for work. H-1B holders can typically only remain in the U.S. for a maximum of six years.

Additionally, there are differences in the requirements for the EB-3 and H-1B. To qualify for an EB-3, you must either have a bachelor’s degree and a job offer or a non-seasonal full-time job offer. The H-1B requires that you have both at least a bachelor’s degree and a job offer for a position that requires your degree.

Also, the H-1B is so popular that the USCIS randomly selects the petitions that are to be processed from the large number of petitions that are submitted each year in a lottery. This means that your petition must be both randomly selected and subsequently approved in order to receive your H-1B. The EB-3 is not subject to this type of lottery.

However, there is an annual limit to the number of EB-3 green cards that are issued. Rather than a randomized lottery though, the Department of State will give you a priority date. You will need to wait until that priority date matches the dates that are given in the monthly visa bulletin before moving forward.

Yes. There are three types of people that qualify for the EB-3.

Those that have at least a bachelor’s degree

Those that have at least 2 years of experience in their jobs

Those that have less than 2 years of experience (but have non-seasonal jobs)

If you fall into either of the last two categories, you can obtain an EB-3 without a degree.

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

High school diploma.

Minimum age requirement is 18.

 

For most countries the process averages two years (except for the Philippines, China, India, and Mexico).

Yes. 

No. It has been the law since 1990. The EB-3 Unskilled Visa program was established in 1990 through the Immigration and Nationality Act. Opportunity Awaits.

Possibly. If you refer to the previous question, you’ll see that the third category is for those with less than 2 years of experience. However, this puts you into a slightly different area with different dates in the visa bulletin, so keep that in mind. You may also find it more difficult to get your I-140 approved with little to no experience than you would if you had at least some experience.

There are several steps to the EB-3 that can take varying amounts of time. The first is the PERM Labor Certification. As we’ve mentioned, the PERM requires a recruitment process that takes a minimum of 60 days. The Department of Labor can take an average of six to nine months to process the form afterward. Also, if your employer is audited or subjected to supervised recruitment, it could add another nine months to a year and a half to the process.

After that, your employer will file the I-140 with the USCIS, which takes an average of six months to process depending on how busy the service center is. This step can be expedited to just 15 calendar days with premium processing.

 

Then, you will have to wait until your priority date is current. This has enormous influence over your overall processing time, as the priority dates for some countries are already current while others may take many years.

After that, you will need to go through either consular processing or adjustment of status. Adjusting your status requires filing the I-485 form, which takes about six months to process and is not eligible for premium processing. Consular processing can take a few weeks to a few months depending on how busy the U.S. Consulate or Embassy is in your home country.

Overall, the shortest waiting time could be about one year while the longest waiting time could be over a decade. It all depends on your unique situation.

One of the main reasons that people work to obtain an EB-3 is to make that final step to full-fledged U.S. citizenship. Citizens enjoy several benefits that green card holders do not, such as immunity from deportation, better preferences for sponsoring family members for green cards, and access to federal jobs that require security clearance.

The path from an EB-3 to citizenship is the same for every green card. Aliens become citizens through a process called naturalization. You will first need to make sure that you fulfill the following requirements:

You are at least 18 years old

You meet any of these three criteria:

You have been an EB-3 holder for at least 5 years

You have been married to a U.S. citizen for a minimum of 3 years

You are serving in the United States military currently

Then, you will need to file an N-400 citizenship application form with the USCIS. You will also need to include a copy of your EB-3 green card, passport-sized photos, and the N-400 processing fee of $725. Each case is different, however, so be sure to speak with your immigration attorney about what documentation and fees are required for you to go from EB-3 to citizenship status.

You will also need to show that you have good moral character (a metric that covers everything from committing crimes to marriage fidelity); that you can read and write in basic English; that you understand the core tenants of the U.S. constitution, history, and government; and that you have remained in the U.S. continuously for the amount of time required (i.e. 5 years or 3 years).

U.S. Department of Labor and United States Immigration (USCIS).

More information about EB-3 can be found from the website of U.S. Citizenship and Immigration Services.

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Due to the large volume of applications received, kindly note that we would be putting a hold on applications until a later date. This is in efforts to ensure that our current set of applicants advance to a significant point in the process. Once this is attained, we’ll re-open applications.

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