EB-3 Visa: Complete Lawyer Guide

There are many different ways that foreign workers can come to the U.S. on permanent or semi-permanent bases. The EB-3 visa can be perfect for some, depending on their work experience and education. This visa provides the ability to become a U.S. permanent resident and is considered an immigration visa. On this page, you will learn all about the EB-3 visa, the requirements, the application process, how to deal with rejections, and how to gain U.S. citizenship. Our EB-3 visa lawyers have helped numerous foreign workers secure EB-3 visas. Our goal is to make the entire process easy and simple for you. Schedule a consultation and learn more about how your business can hire foreign workers.

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What is an EB-3 Visa?

The EB-3 Green Card is a third-preference employment-based immigration category that allows foreign nationals to live and work permanently in the United States. With an EB-3 visa, you can work and live in the U.S. on a permanent basis, with eligibility based on three categories:

• “Professionals” – those who hold a bachelor’s degree or its foreign equivalent.
• “Skilled” – those experienced in working in a distinct occupation that requires at least two years of training.
• “Unskilled” – subcategory generally for individuals with less than 2 years of work experience or vocational training.

The EB-3 Green Card is less rigid in qualifying requirements, but there are more eligible applicants compared to the EB-1 and EB-2 categories. This visa is generally more suitable for foreign workers who have a permanent job offer in the U.S. while also meeting the work experience and educational requirements.

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Our Experience with EB-3 Visas

Our lawyers have extensive experience with obtaining EB-3 visas for foreign workers. We pride ourselves on outstanding service and exceptional client care. This is what our leading business immigration lawyer, Shilpa Malik said about our EB-3 services:

Assisting a client in obtaining an EB-3 visa is an incredible privilege. Witnessing the transformation from dreams and aspirations to tangible opportunities is a remarkable experience for our firm. Guiding individuals through the intricate maze of immigration laws and regulations, we pave the way for a brighter future, uniting families and opening doors to new horizons!

Our recent EB-3 Success Story involved an Application Software Developer who was having trouble proving that he met the requirements for an EB-3. The case was ultimately approved after responding to an RFE, proving that VisaNation Law Group rises to meet challenges and provides dedicated professional help even in difficult immigration situations.

Why You Need an EB-3 Visa Lawyer 

There are endless reasons why it’s beneficial to hire a qualified immigration law firm to handle your sensitive EB-3 visa case. With immigration backlogs still a very real consideration, even minor mistakes on your application can end up costing you valuable time and avoidable fees. With an experienced lawyer by your side, you’ll be able to prevent frivolous mistakes and save time and money in the process.

It is crucial to find an immigration lawyer who specializes in the employment-based area of law and has a proven track record of success in handling similar cases. Also:

• Review the lawyer’s credentials, including their education, professional memberships, and certifications. C
• Communication is also key, as you want to work with a lawyer who is responsive and keeps you informed about the progress of your case.
• Consider the lawyer’s billing structure and ensure that it is transparent and that you fully understand the costs involved.
• Look for a lawyer who takes a personalized approach and the time to understand your unique situation and goals in order to provide the best possible representation.

What Are the Requirements for an EB-3 Visa?

The EB-3 green card covers three worker types: Skilled, Professional, and Unskilled. Each has its own eligibility rules and documentation needs, outlined in the table below.

Who Qualifies as a Skilled Worker for an EB-3 Green Card?

This subcategory is for those with at least two years of training or work experience in a job that requires that level of skill. No degree required unless the job calls for it,  just verified work history or vocational training.

The job must be permanent and full-time, and your U.S. employer must demonstrate that there are no qualified American workers available.

This is ideal for tradespeople, technicians, or other hands-on professionals whose expertise comes from the field rather than a classroom.

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What Are the EB-3 Requirements For Professional Workers

The EB-3 Professional worker category is suitable for educated workers who may not meet the EB-2 visa’s advanced degree or exceptional ability requirements.

You must have a U.S. bachelor’s degree or foreign equivalent. The job you apply for requires a degree to enter the field (e.g., engineers, teachers, accountants)

Importantly, you can’t substitute experience for education.

Important information

• Foreign Degrees May Need Evaluation: Don’t assume your foreign degree will be accepted — use credential evaluation services
• Your Degree should Align: For example, if you’re applying as a “Mechanical Engineer,” your degree shouldn’t be in “Industrial Design.” USCIS may flag this.

What Are the EB-3 Requirements for Unskilled or ‘Other’ Workers?

This category is for applicants doing unskilled labor. It requires less than 2 years of training or experience.

These positions cannot be temporary or seasonal, and your employer still needs to prove a lack of qualified U.S. workers.

Important information

• Because demand is high and the annual cap is lower (just 10,000 visas/year for this group), wait times can be longer than for other EB-3 categories. This is particularly so for India and China, where wait times exceed 10 and 8 years, respectively.
• Great fit for caregivers and hospitality workers: Employers in these sectors often have success because positions are long-term, labor-intensive, and underfilled in the U.S.

How to Get an EB-3 Green Card: Step-by-Step

Ready to get your EB-3 green card? Here’s a simple walkthrough of the process. Keep in mind, before you start, you need a U.S. employer willing to sponsor you for the green card process, and have the documents prepared.

Step One: Find an Employer Sponsor and Get PERM Labor Certification

Once you’ve found an employer willing to sponsor you, they must begin an extensive recruitment process and determine the prevailing wage for your position in the geographical area that you will be working to obtain the PERM Labor Certification from the Department of Labor.

This process can take around 16 months, according to the latest data from the Department of Labor

Step Two: Employer Files I-140 Petition

Next, your employer must file an I-140 petition with the USCIS. Once the petition is received, that date will mark your priority date. You will need to wait and watch the monthly visa bulletin released by the Department of State to see if your priority date is “current”, meaning that it matches or passes the final action dates given in the “FINAL ACTION DATES FOR EMPLOYMENT-BASED PREFERENCE CASES” section.

The final action dates for the EB-3 green card for all countries are backlogged, and you must be prepared to wait a considerable amount of time before your priority date is current, particularly if you are from China or India. Keep in mind that the dates for the “other workers” group vary slightly from the dates for the other two groups.

Step Three: File for Adjustment of Status or Consular Processing

As soon as your priority date is current, you can

• File your I-485 petition to adjust your status if you are already in the U.S on a valid nonimmigrant status.
• Undergo consular processing if you are outside the U.S.
  • This means attending an interview at a U.S. consulate or embassy in your home country before you can enter as a permanent resident.

Step Four: Legal Permanent Resident

Your status will automatically switch to legal permanent resident as soon as either:

• Your I-485 is approved
• Consular processing is finished, and you are admitted into the United States as a lawful permanent resident by a Customs and Border Protection (CBP) officer.

Is There an Interview For An EB-3 Visa?

Yes, there is an interview for the EB-3 Visa. USCIS interviews are conducted to establish the authenticity of the information you have already filed in your application. Your responses will be verified to help establish the validity of the evidence presented in the application you submitted earlier.

If you are currently outside the U.S., you will need to go through consular processing instead. This involves going to the U.S. consulate or embassy in your home country and participating in a one-on-one interview with a consular officer. You will also need to complete the DS-260 online immigrant visa application.

You should print out both the confirmation page for your DS-260 and the receipt for your payment, and bring those to your EB-3 interview along with:

• Your passport
• Your ID
• Two passport-style photos
• Your I-797 Notice of Approval from the USCIS
• Your appointment notification letter
• Any supporting documents for your green card

You can find out more information in our EB-3 interview guide, including common questions asked, bringing your dependents to the interview and more.

How Long Is The EB-3 Processing Time?

With each step discussed above in mind, we can make an estimate of the EB-3 processing time. However, several factors can drastically impact the amount of time your EB-3 green card will take.

• The PERM Labor Certification process will take about 16 months without complications, according to Department of Labor Data.
  • If your employer is audited or subjected to supervised recruitment, this can increase the time from 6-9 months.
• The I-140 takes an average of 7.6 months according to USCIS data, depending on the caseload of the Service Center that is processing the petition.
  • Premium processing can expedite this to 15 business days for a cost of $2,805
• Waiting for your priority date to become current with the final action dates in the visa bulletin can take anywhere from two years to over a decade, depending on your country of origin.
• The I-485 may take an average of 7 months to process, according to USCIS data. This step cannot be expedited by premium processing.

The key takeaway for EB3 processing is that it will take a minimum of four years to finish the whole process from EB3 to Green Card

EB-3 processing time can be significantly delayed if there are inconsistencies or errors in the application. Our top priority is to always get the result as fast as we can for our clients. Schedule a consultation and start hiring foreign workers now.

So the total EB-3 processing time can be between 14 months in the best case scenario and up to 15 years in the worst case. Work with your EB-3 green card attorney to determine what you will be able to expect from your processing time.

If your priority date wait time is too long, you may consider porting your EB-3 to EB-2 status. This is not an easy process and should only be attempted with the help of an EB-3 attorney.

How Much Are the EB-3 Fees?

The EB-3 has a few fees to take into account before applying:

Applying From Inside the U.S.

• The I-140 basic filing fee is $715.
  • If you choose premium processing, the fee is an additional $2,805
• I-485 adjustment of status filing fee is $1,440

EB-3 Total costs: $2,155

Applying From Outside the U.S.

• The I-140 basic filing fee is $715
  • If you choose premium processing, the fee is an additional $2,805
• Form DS-260: $345
• Form I-864 (Affidavit of Support): $120 for a sponsorship fee.
• USCIS Immigrant Fee – $220
• Medical Exam: Varies, typically $200-$500, depending on vaccinations or tests required.
• You will also need to consider the cost of travel, creating copies, passport photos etc
• Attorney fees vary from firm to firm. You can see our flat charge for EB-3 green cards on our fees page.

EB-3 Total costs: $1,400

You will also need to consider the cost of travel, creating copies, passport photos, and attorney fees vary from firm to firm. You can see our flat charge for EB-3 green cards on our fees page. You can see our flat charge for EB-3 green cards on our fees page.

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Can I Get a Refund?

The USCIS does not offer EB-3 fee refunds. However, there are three main circumstances where you can expect a refund:

1. The USCIS has asked you for a form that was unnecessary for your EB-3 and that form required payment.
2. The USCIS requested a fee that was greater than the amount listed on their fee schedule.
3. The USCIS failed to process a premium processing petition in the allotted 15 business days and will refund the premium processing fee.

EB-3 Green Card Renewal

For a green card renewal, you simply need to file an I-90 request for a fee of $415 (online) or 465 (paper). The process is the same if your green card has been lost, stolen, damaged, or destroyed and you need a replacement.

One of the biggest advantages of a green card is its long validity period. When issued, your EB-3 will be valid for 10 years. Renewing a green card is not like renewing a nonimmigrant visa, where you need to submit a new petition and essentially re-qualify for the visa.

Can EB-3 get citizenship?

Yes, EB-3 green card holders can get citizenship. Once you have your EB-3 immigrant visa for five years, you are eligible to apply for citizenship. There are several advantages becoming a U.S. citizen:

• You no longer have to renew your immigration status
• You cannot be deported from the U.S.
• You will be able to work as a federal government employee
• You can sponsor your family members for green cards at a higher preference level
• You can vote in primary elections

These are just some of the many benefits that come from making the transfer from an EB-3 visa to citizenship. This is done through a process called naturalization, which requires you to file an N-400 form with the USCIS.

Provided that you meet the requirements, which include living in the U.S. as a legal permanent resident for at least 5 years, you will be asked to come into a service center for an interview and an exam testing your knowledge of American government, history, and your grasp of the English language.

If you pass this test and the interview, you will need to swear an oath of allegiance to the United States before becoming an official U.S. citizen.

As an aside, while the N-400 may be $710(online) or $760 (paper), which seems more expensive than the EB-3 green card renewal fee, you only need to pay this once, as opposed to the green card renewal fee, which must be paid every decade.

Can EB-3 Green Card be Denied?

Yes, EB-3 Green cards can get denied. Getting an EB-3 denial can be devastating to your immigration plans.

There are a few main reasons why an EB-3 green card petition is denied or rejected:

• There was inconsistent, incomplete, or inaccurate information on the petition
• The filing fee was incorrectly submitted
• You failed the background check
• Your position did not satisfy the requirements for the EB-3 green card
• Your employer did not satisfy the requirements for the EB-3 green card

For the first two items on the list, your petition will likely be rejected, which simply means that it was sent back due to a superficial issue. The best thing to do is to work with your immigration attorney to fix the mistake and to refile the petition.

For everything else, however, the situation may be more serious. A denial means that, after being thoroughly examined by an immigration officer, your petition was denied based on the merits of your case.

Your options here are to either refile with more or different supporting evidence, appeal the decision through the Administrative Appeals Office, or make a legal motion to reconsider or reopen your case.

What About an RFE?

Occasionally, rather than deliver an outright denial, the USCIS will send a Request for Evidence (RFE). Think of this as a second chance instead of an obstacle.

The USCIS is allowing you to submit additional documentation to support certain aspects of your case. There is a narrow window of time in which you need to respond to the RFE, so the best thing to do is to take it to your immigration attorney.

Alternatives to EB-3 Green Card

If you do not meet the qualifications for an EB-3 Green Card or apply for one and are denied, the good news is that you have other options.

• EB-1 Visa: This visa is for individuals with extraordinary ability in the sciences, arts, education, business, or athletics, as well as outstanding professors or researchers, and multinational executives or managers.
• EB-2 Visa: This visa is for individuals with an advanced degree (beyond a U.S. bachelor’s degree) or who have significant competence in art, business, or science. Must also be approved by the U.S. Department of Labor’s Foreign Labor Certification Process.
• H-1B Visa: This visa is for skilled professionals with at least a bachelor’s degree in a field such as fields such as computer science, architecture, medicine, dentistry, engineering, accounting, etc. There are many benefits to having this type of visa including the fact that it’s dual intent, has a 3-year initial stay which can be extended, permits you to bring spouse/children and more.
• L-1 Visa: This visa allows multinational companies to transfer executives, managers, and specialized knowledge employees to their US offices. This visa has two subcategories- the L-1A for managers and executives, and the L-1B for employees with specialized knowledge.
• O-1 Visa: In order to qualify for the O-1 nonimmigrant visa, individuals must possess extraordinary abilities in the sciences, arts, education, business, or athletics, or they must have a demonstrated record of extraordinary achievement in the motion picture or television industry and have been recognized either nationally or internationally.
• TN Visa: This visa is for Canadian and Mexican citizens who are seeking temporary employment in the US under the North American Free Trade Agreement (NAFTA).

How VisaNation Law Group EB-3 Lawyers Can Help

Just like you would hire an expert for any other highly specialized project, an immigration attorney plays an instrumental role in the process. To ensure that your petition is completed and filed properly, your fees are correct, and that any unforeseen issues are dealt with (such as an RFE), the best thing to do is to retain an attorney.

• VisaNation Law Group EB-3 Green Card lawyers have successfully completed EB-3 Green Card cases for professionals in a wide range of industries, including IT, healthcare, retail, hospitality, finance, etc.
• VisaNation Law Group immigration lawyers assist with mandatory documentation and qualifications under the EB-3 and offer extensive immigration consultations. 
• VisaNation Law Group EB-3 Green Card lawyers are experienced in completing EB-3 requirements by crucial deadlines resulting from the quick movement in priority dates.

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EB-3 Green Card Lawyers Related Pages

• EB-1A 
• H-1B to EB-2 and EB-3 Green Card