Attorney Advertising. Kyle Farmer, Farmer Law PC, Austin, TX.
The EB-3 visa program was established to allow employers to leverage the specialized skill sets and experience of foreign nationals by granting long-term employment opportunities in the U.S. This visa program is one of five designated employment-based visa programs that applies to professionals and other workers. Education, specialized skills, and relevant experience are evaluated to determine the eligibility of candidates under the EB-3 program. Currently, there are three categories umbrellaed under the EB-3 program monitored by the U.S. Department of Labor (DoL) and U.S. Citizenship and Immigration Services (USCIS). The EB-3 visa covers a wide range of jobs. Here’s who qualifies and how the process works.
Let our immigration lawyers help you navigate every facet of immigration law.
There are several options available for foreign nationals to reside in the U.S. as guest workers under the EB-3 program. The following options are determined based on merit and ability verified through meeting credential requirements and experiential criteria: See our EB-3 visa requirements page.
Skilled Worker. Under this category, skilled workers are defined as people whose jobs require a minimum of 2 years of training or experience as outlined on their labor certification. The job cannot be temporary or seasonal in nature. Education, training, or experience must adequately satisfy the requirements of the job opportunity. Relevant post-secondary education may be considered as training. The work performed must not displace qualified workers in the U.S. from accepting job opportunities. Lastly, hopeful candidates must obtain a labor certification and a permanent, full-time job offer before petitioning for work under an EB-3 visa.
Professional. Applicants in this category must hold a U.S. baccalaureate (B.A.) or an equivalent degree in the related field. The B.A. should also be the normal requirement for entry into the occupation. Education and experience may not be substituted for a B.A. For professional applicants, simply having the degree is not enough — the position itself you are seeking to fill must also require a bachelor’s degree. Again, eligibility for this category is determined by verifying that you are performing work for which qualified workers are not available in the U.S. Obtaining a labor certification and a permanent, full-time job offer before petitioning for work under an EB-3 visa is also required when petitioning as a professional under the EB-3 program.
Unskilled Worker. Workers in this category must demonstrate their ability to perform unskilled labor (requiring less than two years training or experience), that is not of a temporary or seasonal nature. The work performed must not compete with available qualified workers in the U.S. The requirements specified on the labor certification must be met with a permanent, full-time job position offered.
Short answer: The employer pays for the PERM labor certification, including recruitment advertising and its attorney's fees for the labor certification. The employer files Form I-140.
| Cost | Who files or pays | Where to check the current amount |
|---|---|---|
| PERM labor certification: prevailing wage request, recruitment advertising, and the employer's attorney's fees for the labor certification | The employer | Depends on the job and the recruitment it needs |
| Form I-140 immigrant petition | Filed by the employer | USCIS fee schedule (Form G-1055) |
Government fees change often, so check the current fee schedule before filing.
Start with a free 15-minute intro call. Book a Free 15-Minute Intro Call
There are several steps to be completed under the EB-3 visa process, with the employer initiating the first step. To begin, the employer must file a petition on behalf of the employee using a Form I-140. Proof that the offered wage will be continuously paid must be presented by the employer to the United States Citizenship and Immigration Services (USCIS). Evidence that the wage will be provided for until the foreign national employee can get permanent resident status is also required. The following steps are necessary to complete an I-140 form and petition on behalf of the guest worker:
A limited number of EB-3 visas are issued each year. The yearly employment-based limit is at least 140,000 visas, and about 28.6% of it goes to EB-3, with per-country limits on top. There’s no lottery: when demand is higher than supply, a waiting line forms by priority date (generally the date the PERM application was filed), and the Department of State publishes where the line stands each month in the Visa Bulletin. See our EB-2 vs. EB-3 page.
An EB-3 worker’s spouse and unmarried children under 21 may be included in the worker’s green card case as family members. They don’t need their own job offer.
Total EB-3 time depends on Department of Labor and USCIS processing times and on the Visa Bulletin for the worker’s country of birth, all of which change. A worker who is in the U.S. in another status and eligible to adjust files Form I-485 with USCIS. A worker who lives outside the U.S. goes through consular processing: after the National Visa Center stage, the worker attends an interview at a U.S. embassy or consulate, where an officer confirms identity and eligibility for the immigrant visa.
How much does an EB-3 visa cost, and who pays?
The employer pays the costs of the PERM labor certification, including recruitment advertising and its attorney's fees for the labor certification. The employer files Form I-140. Government fees change from time to time, so check the current USCIS fee schedule (Form G-1055) before filing.
The EB-3 visa program is a great green card option for skilled, professional, and other types of workers, offering employment-based residency that can lead down a pathway to citizenship. Roughly 40,000 EB3 visas are awarded to people each year. Hopeful candidates will want to ensure they are selected for one of those spots. Having an immigration attorney who is well-versed in the visa process can maximize one’s chances of selection by guiding the applicant to gather and complete accurate documentation.
The attorneys at Farmer Law are available to employers and employees looking for guidance to find a suitable pathway of employment-based immigration. If you feel the EB-3 visa is not the right fit for your needs, be sure to see the other visa types available for hopeful candidates in an employment-based capacity.
Reach out to us for any questions on specific U.S. immigration laws, U.S. immigration forms, citizenship applications,
U.S. work visas, or any other aspect of immigration law.
The attorneys at Farmer Law PC help businesses, employers and individuals with employment-based, investor and family-based immigration. For agricultural and seasonal employers, we handle H-2A and H-2B applications and help respond to DOL audits, Wage and Hour investigations and Notices of Deficiency.
Share a few details to request your free 15-minute intro call. The intro call is a short introduction, not legal advice.
Submitting this form doesn't create an attorney-client relationship, so please don't send confidential details until we confirm we can help. Next step: a free 15-minute intro call.
Responsible attorney: Kyle Farmer, Farmer Law PC, Austin, TX.
Prefer to talk now? Call (512) 588-5909.
Next step: pick a time for your free 15-minute intro call below.
Our team will reach out to set up your free 15-minute intro call. You can also pick a time on our scheduler.
Prefer to talk now? Call (512) 588-5909.
