EB-3 Visa Cost Processing Time and Requirements

The EB-3 visa is a crucial employment-based immigrant visa that allows foreign nationals to live and work permanently in the United States. It is designed for skilled workers, professionals, and other workers who meet specific qualifications. However, obtaining an EB-3 visa requires sponsorship from a U.S.-based employer. This article explores the eligibility requirements for an 

EB-3 Visa Sponsor, the sponsorship process, and essential considerations for both employers and employees.

What is an EB-3 Visa?

The EB-3 visa is part of the third preference category of U.S. employment-based immigration. It covers three primary groups:

• Skilled Workers: Positions requiring at least two years of training or experience.

• Professionals: Individuals with at least a U.S. bachelor’s degree or its foreign equivalent.

• Other Workers (Unskilled Workers): Jobs that require less than two years of training or experience.

Unlike temporary work visas, such as the H-1B, the EB-3 visa leads directly to a green card, granting the beneficiary permanent residency.

Who Can Be an EB-3 Visa Sponsor?

To sponsor a foreign national for an EB-3 visa, the employer must meet specific eligibility requirements. These include:

1. Legitimate Business Entity: The sponsor must be a legally registered and operational company in the United States.

2. Full-Time Permanent Employment Offer: The job position must be permanent and full-time, not seasonal or temporary.

3. Demonstration of Financial Ability: The employer must demonstrate financial stability to pay the offered wage through tax returns, profit-and-loss statements, and other financial documentation.

4. PERM Labor Certification Requirement: The employer must complete the Program Electronic Review Management (PERM) labor certification process, proving that there are no qualified U.S. workers available for the position.

EB-3 Visa Sponsorship Process

The process of sponsoring a foreign worker for an EB-3 visa involves multiple steps and government agencies, including the U.S. Department of Labor (DOL) and U.S. Citizenship and Immigration Services (USCIS).

Step 1: PERM Labor Certification

The first step in the EB-3 sponsorship process is obtaining a PERM labor certification from the DOL. This ensures that hiring a foreign worker will not negatively affect U.S. workers.

1. Job Posting and Recruitment: The employer must advertise the job to the U.S. workforce using multiple recruitment methods (newspaper ads, job postings, etc.).

2. Application Submission: If no qualified U.S. workers are found, the employer files a PERM application (ETA Form 9089) with the DOL.

3. Approval: If approved, the employer can move forward with the EB-3 petition.

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

Once the PERM labor certification is approved, the employer files Form I-140 with USCIS. This petition establishes that the worker meets the job qualifications and that the employer has the financial capability to pay the required wage.

Step 3: Priority Date and Visa Availability

The EB-3 category is subject to annual visa limits. Applicants must wait for their “priority date” (the date the PERM application was filed) to become current based on the Visa Bulletin.

Step 4: Adjustment of Status or Consular Processing

Once the priority date is current:

• If the worker is already in the U.S., they can file Form I-485 to adjust status to a permanent resident.

• If outside the U.S., they must attend an interview at a U.S. consulate in their home country.

Employer Eligibility and Responsibilities

To ensure successful sponsorship, the employer must adhere to certain requirements and responsibilities:

• Must Offer a Bona Fide Job Position: The employer must genuinely need the position filled and not just sponsor the foreign worker for immigration purposes.

• Comply with U.S. Labor Laws: Employers must follow fair wage laws, workplace safety regulations, and other employment laws.

• Cover Legal and Filing Fees: While some costs can be shared, the employer is generally responsible for covering expenses related to the PERM process and I-140 petition.

Benefits of Sponsoring an EB-3 Worker

For employers, sponsoring an EB-3 worker provides multiple advantages:

• Filling Labor Shortages: Many industries, such as healthcare, manufacturing, and construction, face worker shortages that EB-3 workers can help address.

• Employee Retention: Foreign workers sponsored for green cards are likely to remain with the employer for an extended period.

• Workforce Diversity: Hiring international employees fosters diversity and innovation in the workplace.