EB3 Visa Guide

Your Complete Path to U.S. Employment and Residency

The EB3 visa is a third-preference employment-based visa that allows foreign nationals to immigrate to the United States for work, leading to permanent residency (green card).

Author
Remzi G. Kulen
Attorney at Law, Founder

Remzi Güvenç Kulen, founder of Kulen Law Firm, is a distinguished immigration attorney with over 20 years of experience in U.S. immigration law. Specializing in employment-based visas such as the EB3 visa, Remzi has successfully guided countless professionals and employers through the complexities of the U.S. immigration process.

What is the EB3 Visa?

The EB3 visa is a third-preference employment-based visa that allows foreign nationals to immigrate to the United States for work, leading to permanent residency (green card). This visa category is designed for individuals who may not meet the strict qualifications required for the EB1 or EB2 visas but possess valuable skills, experience, or job offers from U.S. employers.

The EB3 visa is an essential pathway for skilled and unskilled workers, as well as professionals, to secure long-term employment and residency in the U.S. It is often utilized in industries facing labor shortages, offering U.S. employers access to international talent.


EB3 Visa Meaning and Overview

The EB3 visa falls under the U.S. employment-based immigration system, categorized as the third preference for workers. It grants lawful permanent residency, allowing recipients to live and work in the U.S. indefinitely.

Unlike the EB1 and EB2 visas, the EB3 visa generally requires less stringent qualifications, making it accessible to a broader range of applicants. However, applicants must still secure a job offer from a U.S. employer and complete the labor certification (PERM) process to ensure no qualified U.S. workers are available for the role.


EB3 Visa Categories – Skilled, Professional, and Unskilled Workers

The EB3 visa is divided into three subcategories, each targeting different types of workers:

  1. EB3-A (Skilled Workers)
    • Requires at least two years of job experience or training.
    • Applicants must fill positions that U.S. workers are not available for.
    • Examples include welders, electricians, technicians, Logistic Specialists, Chefs, Administrative Assistants, etc.
  1. EB3-B (Professionals)
    • Requires a U.S. bachelor's degree or foreign equivalent related to the job being offered. The degree must be a normal requirement for entry into the profession.
    • Professional roles under this category include engineers, teachers, accountants, healthcare professionals, financial analysts, market research analysts, etc.
  2. EB3-C (Unskilled or Other Workers)
    • Requires less than two years of training or experience, including jobs that do not require any education, training or experience at all. 
    • This category applies to jobs that are non-seasonal and do not require specific qualifications beyond basic skills. Examples include roles in food services, construction, landscaping, hospitality, etc.
The EB3 visa offers opportunities to a wide range of workers, making it one of the most versatile employment-based immigration options. However, the demand for EB3 visas, especially in the unskilled worker category, can result in long waiting times for visa availability.

EB3 Visa Requirements

Applying for an EB3 visa involves meeting specific eligibility criteria that vary based on the applicant’s subcategory – skilled workers, professionals, or unskilled workers. In addition to individual qualifications, employer sponsorship and labor certification are essential components of the process.


General EB3 Visa Requirements

Regardless of the EB3 subcategory, all applicants must meet the following baseline requirements:

  1. Job Offer from a U.S. Employer
    • The applicant must have a permanent, full-time job offer from a U.S. employer.
  2. Labor Certification (PERM Process)
    • The U.S. employer must complete the labor certification process through the Program Electronic Review Management (PERM) system. This certifies that:
      • No qualified U.S. workers are available to fill the position.
      • The wages and working conditions for the foreign worker will not adversely affect U.S. workers in similar roles.
  3. Employer Sponsorship
    • The employer acts as the visa petitioner and files Form I-140 (Immigrant Petition for Alien Worker) on behalf of the applicant.
  4. Proof of Qualifications
    • The applicant must provide evidence of meeting educational and/or experience requirements based on the EB3 category.

EB3 Visa Requirements for Skilled Workers (EB3-A)

  1. Minimum of Two Years of Experience or Training
    • Applicants must demonstrate at least two years of job experience or post-secondary education relevant to the job.
  2. Availability of Qualified U.S. Workers
    • The employer must show that no U.S. workers are qualified or willing to fill the position.
  3. Labor Certification
    • A PERM labor certification is mandatory to proceed with the application.

EB3 Visa Requirements for Professionals (EB3-B)

  1. Bachelor’s Degree (or Foreign Equivalent)
    • The position must require a bachelor’s degree, and the applicant must possess the relevant degree.
  2. Occupation Must Require a Degree
    • The job must typically require a degree for entry-level positions (e.g., engineers, architects, or teachers).
  3. Labor Certification
    • The employer must obtain labor certification to demonstrate the need for a foreign worker.

EB3 Visa Requirements for Unskilled Workers (EB3-C)

  1. Less Than Two Years of Experience or Training
    • This category applies to jobs requiring fewer than two years of training or experience.
  2. Non-Seasonal Work
    • The job must be permanent and not seasonal or temporary. Common roles include janitors, farmworkers, and food service staff.
  3. Labor Certification
    • Labor certification is required to ensure that no U.S. workers are available for the position.

Employer’s Role in Meeting EB3 Requirements

  1. Recruitment Process
    • The employer must advertise the job locally to demonstrate efforts to hire U.S. workers before applying for labor certification.
  2. Wage Requirements
    • The employer must pay at least the prevailing wage for the position as determined by the Department of Labor (DOL).
Meeting the EB3 visa requirements can be complex, particularly during the labor certification stage. Kulen Law Firm offers expert guidance to employers and applicants, ensuring accurate documentation and compliance with U.S. immigration regulations to improve approval rates.

EB3 Visa Application Process

The EB3 visa application process involves multiple stages that require collaboration between the applicant and their U.S. employer. From labor certification to visa issuance, each step must be carefully completed to ensure a smooth path to permanent residency.

Step-by-Step Guide to Applying for an EB3 Visa

  1. Step 1: Obtain a Job Offer from a U.S. Employer
    • The first step is securing a permanent, full-time job offer from a U.S. employer. The employer will act as the visa sponsor and must be willing to go through the labor certification process.
  2. Step 2:: Labor Certification (PERM Process)

The PERM (Program Electronic Review Management) process is a crucial step for employers seeking to hire foreign workers for positions in the United States under the EB2 visa category. It ensures that the employer has made a good-faith effort to hire U.S. workers for the position and that the foreign worker will be paid at least the prevailing wage for the role. The PERM process involves several distinct stages:

1. Prevailing Wage Determination (PWD)

Before starting the recruitment process, the employer must obtain a Prevailing Wage Determination (PWD) from the U.S. Department of Labor (DOL). This step ensures that the foreign worker will be paid at least the prevailing wage for the occupation in the geographic area where the job is located.

  • Timeline: The PWD process typically takes 8 to 10 months due to the DOL's current processing times. Employers should begin this process well in advance to avoid delays.

2. Recruitment for U.S. Workers

Once the PWD is obtained, the employer must conduct recruitment efforts to test the U.S. labor market. This involves advertising the position and actively seeking qualified U.S. workers for the job. The recruitment process includes the following steps:

  • Posting the job on the company’s website.
  • Advertising in newspapers or trade publications.
  • Conducting job fairs or recruitment events if applicable.
  • Timeline: This step typically takes about 1 month. However, employers must ensure they follow all regulations regarding recruitment and documentation of efforts to find U.S. workers.

3. Mandatory Waiting Period

After completing the recruitment process, there is a mandatory waiting period of 30 days. During this time, the employer must wait to see if any qualified U.S. workers apply for the position. If no qualified candidates are found, the employer can proceed with the next step.

4. Filing the PERM Application

Once the waiting period has passed, and no U.S. workers are found who are qualified for the job, the employer can file the PERM application with the DOL. This step involves submitting detailed information about the job position, the recruitment efforts, and the qualifications of the foreign worker.

  • Timeline: The filing and processing of the PERM application typically takes 6 to 8 months. During this time, the DOL will review the case and determine whether the labor certification can be approved.

5. Audit (If Applicable)

In some cases, the DOL may decide to audit the PERM application. An audit is a request for additional documentation or clarifications regarding the recruitment process, the job requirements, or other aspects of the application. Employers must respond to the audit request with the required information.

  • Timeline: An audit can add 4 to 8 months to the overall timeline. This can be a significant delay, so it's important for employers to be thorough in their documentation and recruitment efforts to avoid audits.

Total Timeline for the PERM Process:

  • Prevailing Wage Determination (PWD): 8 to 10 months
  • Recruitment for U.S. Workers: 1 month
  • Mandatory 30-Day Waiting Period: 30 days
  • Filing and Processing of PERM Application: 6 to 8 months
  • Audit (If Applicable): 4 to 8 months (may be added)

Total Estimated Time (Without Audit): 15 to 20 months
Total Estimated Time (With Audit): 19 to 28 months

  1. Step 3: File Form I-140 (Immigrant Petition for Alien Worker)
    • Once labor certification is approved, the employer files Form I-140 with the U.S. Citizenship and Immigration Services (USCIS). This step classifies the applicant as eligible for an EB3 visa.
    • Premium Processing (Optional): For an additional fee, employers can expedite Form I-140 processing within 15 business days.
  2. Step 4: Monitor the Priority Date
    • Form PERM based green card applications, the priority date is the date the PERM application is filed.
    • Applicants must wait for their priority date to become current based on the Visa Bulletin, which tracks the availability of EB3 visas by country.
    • Backlogs are common, especially for applicants from countries like India and China, leading to longer waiting periods.
  3. Step 5: Apply for Adjustment of Status or Consular Processing
    • Once the priority date is current, the applicant can proceed with:
      • Adjustment of Status (Form I-485) – For applicants already in the U.S. on a valid visa.
      • Consular Processing – For applicants outside the U.S., requiring an interview at a U.S. embassy or consulate.
    • Timeline: Adjustment of status typically takes 8 to 14 months, while consular processing may take 6 to 12 months depending on consulate backlogs.
  4. Step 6: Receive Green Card
    • After approval of Form I-485 or successful consular processing, the applicant is granted lawful permanent residency and receives their green card.

EB3 Visa Application Timeline

The overall timeline for the EB3 visa can vary based on factors such as PERM processing, visa backlogs, and country-specific quotas. On average, the process takes:

  • PERM Labor Certification: 6 to 12 months PWD, 6 to 12 months PERM processing (12 to 24 months)
  • Form I-140 Processing: 4 to 9 months (or 15 days with premium processing).
  • Visa Bulletin Wait Time: Varies by country (months to several years).
  • Adjustment of Status/Consular Processing: 6 to 14 months.

Tips to Expedite the EB3 Visa Process

  • Ensure Accurate and Complete PERM Applications – Perm is a very strict and detailed process that does not tolerate any mistakes. Even minor errors in labor certification can lead to delays or denials.
  • Use Premium Processing – Expedite Form I-140 approval to secure an earlier priority date.
  • Use Premium processing strategically when needed to expedite a case or to get an I-140 approval to extend an H-1B visa.
  • Track the Visa Bulletin – Regularly monitor the Visa Bulletin to act as soon as the priority date becomes current.
The EB3 application process is very intricate and time-sensitive. Kulen Law Firm helps both employers and applicants navigate the complexities of labor certification, I-140 filings, and green card applications, ensuring a smoother and faster process.

EB3 Visa Processing Time

The processing time for the EB3 visa can vary significantly depending on factors such as the applicant’s country of origin, the employer’s efficiency in completing the labor certification, and the backlog for visa numbers. Understanding the different stages and expected timelines helps applicants and employers manage expectations and plan accordingly.

Factors Affecting EB3 Visa Processing Time

  1. Labor Certification (PERM)
    • The labor certification process starts with the employer requesting a Prevailing Wage Determination (PWD) from the Department of Labor (DOL). This typically takes 6-10 months. The employer then conducts a recruitment campaign and waits for a 30 day mandatory waiting period to file the PERM application. Once filed, the PERM adjudication typically takes 6 to 12 months. However, if the application is audited by the Department of Labor (DOL), it can extend the timeline by an additional 6 to 8 months.
  2. Form I-140 Processing
    • The processing time for Form I-140 (Immigrant Petition for Alien Worker) varies from 4 to 9 months under standard processing.
    • Premium Processing (15 business days) is available for an additional fee of $2,805, significantly reducing wait times.
  3. Visa Availability (Priority Date)
    • The Visa Bulletin determines when applicants can proceed with the final step of their application. Applicants from countries with high demand, such as India, China, and the Philippines, may experience wait times of several years due to visa backlogs.
    • Applicants from countries with lower demand often experience shorter processing times.
  4. Adjustment of Status or Consular Processing
    • Adjustment of Status (Form I-485): Takes approximately 8 to 14 months if the applicant is already in the U.S.
    • Consular Processing: For applicants outside the U.S., consular processing generally takes 6 to 12 months from the interview scheduling to visa issuance.

EB3 Visa Processing Time in 2025

Based on recent data, the average processing times for EB3 visas in 2025 are:

  • PERM Labor Certification: 8 months (on average) - plus 8-12 months prior to filing the PERM for PWD and recruitment steps.
  • Form I-140 Processing: 6 months (or 15 days with premium processing)
  • Visa Bulletin Wait Time: Varies by country; 1-3 years for low-demand countries, up to 5 years for high-demand countries
  • Adjustment of Status/Consular Processing: 12 months

How to Minimize EB3 Visa Processing Delays

  • Ensure Accurate PERM Filing – Even small mistakes in the labor certification process can result in denials or audits, prolonging the process.
  • Use Premium Processing – Expedite Form I-140 to secure an earlier priority date.
  • Track Visa Bulletin Updates – Regularly monitor the Visa Bulletin to act quickly when the applicant’s priority date becomes current.
  • Maintain Communication with the Employer – Delays can occur if employers are unfamiliar with the process. Legal guidance can help avoid setbacks.
The EB3 visa process can be lengthy, but with the right guidance, applicants can navigate the system more efficiently. Kulen Law Firm provides expert support to help clients avoid delays, prepare thorough applications, and stay updated on the latest immigration policies affecting EB3 processing times.

EB3 Visa Jobs List

The EB3 visa is a critical pathway for filling labor shortages across various industries in the United States. The program allows skilled, professional, and unskilled workers to secure employment and permanent residency. Understanding the types of jobs eligible under each EB3 subcategory can help applicants determine their qualifications and job opportunities.


EB3 Jobs for Skilled and Professional Workers (EB3-A and EB3-B)

1. Skilled Workers (EB3-A): Typically the following positions are considered skilled positions*:

  • Electricians
  • Plumbers
  • Welders
  • Machinists
  • IT Technicians
  • Healthcare Technicians
  • Chefs and Cooks (with specialized training)
  • Engineering Technicians

2. Professionals (EB3-B): Typically the following positions are considered professional positions*:

  • Engineers
  • Teachers (K-12 and higher education)
  • Accountants
  • Registered Nurses and Medical Professionals
  • Software Developers
  • Architects

Requirements:

  • Skilled workers must demonstrate at least two years of training or experience.
  • Professionals must hold a U.S. bachelor’s degree or foreign equivalent related to the job offer.
*It is important to note that employer’s requirements for the available position is considered while determining whether the job falls under the EB2 or EB3 category. For example, a kitchen helper will generally be considered an EB-3 unskilled position. However, if the employer requires at a minimum 2 years experience for the position, then the position will be considered EB-3 skilled.   

EB3 Unskilled Worker Job Opportunities (EB3-C)

Typically the following positions are considered unskilled positions*:

  • Construction Laborers
  • Landscapers
  • Janitorial Staff
  • Farmworkers and Agricultural Laborers
  • Hospitality Workers (e.g., housekeeping, hotel staff)
  • Food Processing and Packaging Workers
  • Warehouse Workers and Forklift Operators

Requirements:

  • No formal degree is required, but applicants must show the ability to perform unskilled labor that requires less than two years of experience or training.
  • The job must be permanent and non-seasonal.

*It is important to note that employer’s requirements for the available position is considered while determining whether the job falls under the EB2 or EB3 category. For example, a kitchen helper will generally be considered an EB-3 unskilled position. However, if the employer requires at a minimum 2 years experience for the position, then the position will be considered EB-3 skilled.   


EB3 Visa Sponsorship Jobs

Many U.S. employers actively sponsor foreign workers under the EB3 visa program to address labor shortages. Common industries offering sponsorship include:

  • Healthcare (e.g., nurses, therapists, and aides)
  • Manufacturing (skilled laborers and machinists)
  • Hospitality (hotels, resorts, and food services)
  • Construction and Infrastructure
  • Agriculture (farms and food production)

How to Find Sponsorship Jobs:

  • Networking – Professional connections and referrals can help applicants find sponsorship opportunities.
  • Direct Employer Outreach – Some companies advertise EB3 sponsorship positions directly on their websites.

 Benefits of EB3 Visa Jobs

  • Path to Permanent Residency – The EB3 visa leads to a green card, allowing applicants to live and work permanently in the U.S.
  • Opportunities for Career Growth – Many EB3 visa holders eventually advance to higher-level positions, improving their career prospects.
  • Family Inclusion – EB3 visa holders can bring their spouse and children under 21 to the U.S., and they can also apply for green cards.
Securing a job that qualifies for EB3 sponsorship can be life-changing. Kulen Law Firm assists applicants in finding sponsored positions, guiding them through the labor certification process, and ensuring compliance with U.S. immigration laws.

EB3 Visa to Green Card – Transitioning to Permanent Residency

The EB3 visa not only allows foreign workers to live and work in the United States but also serves as a direct pathway to obtaining a green card. This process grants lawful permanent residency, providing long-term benefits such as stability, employment flexibility, and a path to U.S. citizenship.

Transitioning from EB3 Visa to Green Card

  1. Priority Date Becomes Current
    • The priority date is determined when the PERM is filed. Once the PERM is approved, the I-140 can be filed. The filing date for the  I-485 will be determined by the visa bulletin. If the visa numbers are current the I-485 can be filed concurrently with the I-140. If not, the I-485 can be filed when the priority date becomes current.
    • The priority date is listed in the Visa Bulletin, published monthly by the U.S. Department of State. Applicants can proceed with the next step once their date is earlier than the listed cut-off date.
  2. Adjustment of Status (Form I-485) or Consular Processing
    • Adjustment of Status (Form I-485) – If the applicant is already in the U.S. under a valid visa, they can file Form I-485 to adjust their status to lawful permanent resident. This allows the applicant to remain in the U.S. during processing.
    • Consular Processing – If the applicant is outside the U.S., they will attend an interview at a U.S. consulate or embassy in their home country. Upon approval, they will receive an immigrant visa to enter the U.S. as a permanent resident.
  3. Work and Travel Authorization
    • During the Adjustment of Status process, applicants can apply for Employment Authorization (EAD) and Advance Parole (travel permit), allowing them to work and travel while awaiting green card approval.
  4. Approval and Green Card Issuance
    • Once Form I-485 is approved or consular processing is complete, the applicant becomes a lawful permanent resident and receives their green card.

Adjustment of Status vs. Consular Processing

  • Adjustment of Status (I-485)
    • Suitable for applicants already residing in the U.S. on a valid non-immigrant visa.
    • Provides the ability to work and travel during the green card processing period.
    • Takes approximately 8 to 14 months for processing.
  • Consular Processing
    • Ideal for applicants living outside the U.S.
    • Requires attending an interview at a U.S. consulate in the applicant’s home country.
    • Typically takes 6 to 12 months after the priority date is current.

EB3 Green Card Benefits

  • Permanent Residency – Live and work permanently in the U.S. 
  • Family Sponsorship – Green card holders can sponsor their spouse and unmarried children under 21 for permanent residency.
  • Path to U.S. Citizenship – After maintaining permanent residency for 5 years and meeting other requirements, EB3 visa holders can apply for U.S. citizenship.
  • Access to Benefits – Green card holders gain access to social security, healthcare, and other benefits.

Common Challenges in EB3 to Green Card Transition

  • Visa Bulletin Retrogression – Backlogs, especially for applicants from high-demand countries (e.g., India, China), can delay the green card process by several years.
  • RFE (Request for Evidence) – USCIS may issue RFEs if the application lacks sufficient documentation. Prompt and comprehensive responses are essential to avoid further delays.
  • Labor Certification Denial – Errors in the PERM labor certification process can result in application rejections, forcing employers to restart the process.

Common Challenges in EB3 to Green Card Transition

Navigating the EB3 green card process requires attention to detail and a clear understanding of immigration regulations. Kulen Law Firm works closely with both employers and applicants to streamline the transition from EB3 visa holder to green card recipient, minimizing delays and maximizing success.

EB3 Visa Cost Breakdown*

Applying for an EB3 visa involves multiple expenses, from labor certification to final green card issuance. Understanding the costs associated with each stage helps applicants and employers budget effectively and avoid unexpected fees. Below is a comprehensive breakdown of the EB3 visa costs.


Application and Filing Fees*

  1. PERM Labor Certification (Paid by Employer)
    • Advertising and Recruitment Costs: $500 – $2,000 (varies depending on job location and market).
  2. Form I-140 (Immigrant Petition for Alien Worker)
    • Filing Fee: $715
    • Premium Processing (Optional): $2,805 (for 15-day expedited processing).
  3. Adjustment of Status (Form I-485)
    • Filing Fee (Age 14-78): $1,440
    • Biometrics Fee: $85
    • Medical Examination: $200 – $500 (varies by provider and location).
    • Note: Adjustment of Status applicants can apply for an Employment Authorization Document (EAD) and Advance Parole (AP) without additional fees if filed concurrently with Form I-485.
  4. Consular Processing (if applying outside the U.S.)
    • DS-260 Immigrant Visa Application: $325
    • Affidavit of Support Fee: $120
    • U.S. Consulate Visa Issuance Fee: $220

Attorney Fee: We offer fixed and transparent attorney fees, ensuring you have a clear understanding of the costs involved as you begin your immigration journey. Our fees are based on the complexity of your case, and after thoroughly evaluating your situation, we will provide a customized quote.

*USCIS filing fees are determined by the U.S. Citizenship and Immigration Services and may change periodically. You can find the most up-to-date fee schedule directly on their website: https://www.uscis.gov/forms/filing-fees

 Additional Costs for EB3 Visa Applicants

  1. Translations and Document Preparation
    • Foreign language documents must be translated into English.
    • Translation Fees: $50 – $200 per document.
  2. Expert Opinion Letters (for Professional and Skilled Workers)
    • In some cases, expert evaluations are needed to confirm the applicant’s qualifications.
    • Cost: $500 – $1,500.
  3. Travel Costs for Consular Processing
    • If consular processing is required, applicants may need to travel to the U.S. embassy or consulate for an interview.
    • Travel and Accommodation: Varies by country and location.

Tips for Managing EB3 Visa Costs

  • Employer Coverage – Many U.S. employers cover labor certification and Form I-140 fees for sponsored employees.
  • Bundle Filings – Filing Adjustment of Status, EAD, and Advance Parole applications together reduces redundant fees.
The EB3 visa process can involve significant financial investment. Kulen Law Firm assists both employers and applicants in managing visa costs efficiently, providing transparent legal services that ensure compliance and successful outcomes.

EB3 Visa Timeline and Steps

EB3 Visa Timeline Overview

The average EB3 visa process takes between 18 months to several years, depending on the following factors:

  • PERM Labor Certification: 6 to 12 months (or longer if audited) -plus 8-12 months prior to filing the PERM for PWD and recruitment steps.
  • Form I-140 Processing: 4 to 9 months (15 days with premium processing).
  • Visa Bulletin Wait Time (Priority Date): Varies; applicants from high-demand countries (e.g., India, China) may experience backlogs lasting several years.
  • Adjustment of Status or Consular Processing: 8 to 14 months.

Step-by-Step EB3 Visa Process

Job Offer and Labor Certification (PERM Process)

  • Timeline: 12 to 22 months with Prevailing Wage Determination (PWD).
  • Employer Role:
    • The employer requests a Prevailing Wage Determination (PWD) with Form 9141 from the Department of Labor (DOL). This typically takes 6-10 months. 
    • The employer conducts recruitment efforts to ensure no qualified U.S. workers are available.
    • The employer files for labor certification (Form 9089) through the Department of Labor’s (DOL) PERM system. This typically takes 6-12 months.
  • Potential Delays: DOL audits can add 6 to 8 months to this stage.

2. Filing Form I-140 (Immigrant Petition for Alien Worker)

  • Timeline: 4 to 9 months.
  • Employer Role:
    • After labor certification is approved, the employer files Form I-140 with USCIS to classify the worker as eligible for EB3 status.
    • Premium processing is available to expedite this stage to 15 business days.

3. Visa Bulletin – Waiting for Priority Date

  • Timeline: Varies (months to years).
  • Applicant Role:
    • Once Form I-140 is approved, applicants must wait for their priority date to become current according to the monthly Visa Bulletin.
    • Applicants from countries with high visa demand may face longer wait times.

4. Filing Adjustment of Status (Form I-485) or Consular Processing

  • Timeline: 8 to 14 months.
  • Applicant Role:
    • If already in the U.S., the applicant files Form I-485 to adjust status to permanent resident.
    • If outside the U.S., the applicant proceeds with consular processing, attending an interview at a U.S. embassy or consulate.

5. Work and Travel Authorization

  • Applicants filing Form I-485 can apply for Employment Authorization (EAD) and Advance Parole (AP), allowing them to work and travel while awaiting green card approval.

6. Green Card Issuance

  • Upon approval of Form I-485 or successful consular processing, the applicant is issued a green card, granting lawful permanent residency.

Factors Affecting EB3 Visa Timeline

  1. Country of Origin
    • Applicants from countries with high demand (India, China, Mexico, and the Philippines) often experience significant backlogs in the Visa Bulletin, delaying final processing.
  2. Category of Employment
    • Unskilled workers (EB3-C) may face longer wait times compared to skilled workers and professionals due to lower visa allocations.
  3. DOL Audits and RFEs (Requests for Evidence)
    • Labor certification audits and USCIS RFEs can add months to the overall process.

How to Shorten EB3 Visa Processing Times

  • Premium Processing for Form I-140 – Expedites petition approval to secure an earlier priority date.
  • Accurate PERM Filing – Avoid common labor certification errors that trigger audits and delay certification.
  • Consular Processing – For applicants outside the U.S., consular processing may sometimes be faster than adjusting status from within the U.S.
The EB3 visa timeline can vary greatly depending on the applicant’s situation. Kulen Law Firm helps clients track priority dates, file applications accurately, and reduce unnecessary delays by providing expert legal support throughout the entire EB3 process.

Frequently Asked Questions (FAQs) About the EB3 Visa

What is the EB3 Visa?

The EB3 visa is a third-preference, employment-based visa that allows foreign nationals to immigrate to the U.S. for permanent, full-time work. The EB3 visa provides a pathway to permanent residency (green card) for skilled workers, professionals, and unskilled workers (other workers). This visa category is crucial for filling labor shortages in industries where U.S. workers are not available.

The EB3 visa meaning encompasses three main subcategories:
- Skilled Workers (EB3-A) – Requires at least two years of experience or training.
- Professionals (EB3-B) – Requires a U.S. bachelor’s degree or foreign equivalent.
- Unskilled Workers (EB3-C) – Jobs requiring less than two years of experience or training.

How to Apply for EB3 Visa?

The EB3 visa application process involves several steps and employer sponsorship. Here’s how to apply:
1. Obtain a Job Offer: Secure a permanent job from a U.S. employer willing to sponsor you.
2. Labor Certification (PERM Process): The employer files for labor certification through the Department of Labor.
3. File Form I-140: The employer files Form I-140 to classify the applicant as eligible for an EB3 visa.
4. Visa Bulletin (Priority Date): Wait for your priority date to become current.
5. Adjustment of Status or Consular Processing: Apply using Form I-485 or through a U.S. consulate.
6. Receive Green Card: Upon approval, applicants transition from the EB3 visa to green card.

How Long Does the EB3 Visa Take?

The EB3 visa processing time varies depending on the applicant’s country of origin, employer efficiency, and visa category. On average:

  • Labor Certification (PERM): 6 to 12 months.
  • Form I-140 Processing: 4 to 9 months (15 days with premium processing).
  • Visa Bulletin Wait Time: Varies by country; applicants from India or China may wait several years.
  • Adjustment of Status/Consular Processing: 8 to 14 months.

For 2024, the EB3 visa processing time 2024 is estimated at 18 months to 3 years, depending on visa backlogs.

How to Get an EB3 Visa?

To get an EB3 visa, applicants must secure EB3 visa sponsorship jobs from U.S. employers. This involves:

  • Meeting the EB3 visa requirements for skilled, professional, or unskilled workers.
  • Undergoing the labor certification process to verify no qualified U.S. workers are available.
  • Completing the EB3 visa steps from job offer to green card issuance.

Applicants can explore the EB3 visa jobs list in industries such as healthcare, construction, hospitality, and agriculture.

Who Can Apply for an EB3 Visa?

Anyone who meets the specific EB3 visa requirements can apply, including:

  • Skilled Workers – Individuals with at least two years of job experience or training.
  • Professionals – Applicants with a U.S. bachelor’s degree or foreign equivalent.
  • Unskilled Workers – Those applying for jobs that require less than two years of experience.

EB3 visa unskilled worker roles include janitors, farmworkers, and food service staff.

Can I Apply for an EB3 Visa While in the U.S.?

Yes, applicants can apply for an EB3 visa while in the U.S. through Adjustment of Status (Form I-485) if:

  • They are on a valid non-immigrant visa (e.g., H-1B or F-1).
  • They have an approved Form I-140 and their priority date is current.

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