EB-3 visa

The path to career success in the United States for qualified foreign professionals.

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Discover your opportunity for employment in the United States as a skilled foreign worker today

Please note that requirements may vary depending on the employer and specific regulations of the EB-3 Visa program.

Skilled workers

People whose work requires a minimum of 2 years of training or experience, not of a temporary or seasonal nature. The skilled worker must meet the education, training or experience requirements of the job opportunity. Relevant post-secondary education can be considered as training.


A worker with a baccalaureate degree or equivalent education diploma and at least four years of progressive professional experience in the field. “Professionals” are people whose work requires at least a US bachelor’s degree or foreign equivalent degree and are members of the profession

Other workers

If you are a non-skilled worker, a valid job offer and job sponsor are required to submit an application for appropriate labor certification to the Labor Department’s Certification Office. In addition, you must demonstrate the ability to perform non-skilled work (requiring less than two years of training or experience).

To qualify for any of these positions, you must ensure that you are applying for a job that requires skills that are not available among workers in the United States.

The “other workers” subcategory is for people who perform unskilled labor that requires less than 2 years of training or experience, not of a temporary or seasonal nature.

How to apply for the EB-3 visa?

To apply for the EB-3 visa, applicants must meet the requirements requested by the United States government.

Obtain labor certification by submitting the ETA (Form 9089) to the DOL.
Statement by the US employer that they tried to hire an employee in the US and failed. Also, that for this he will pay the prevailing wage.
Obtain from the employer a statement of non-discrimination regarding rights and wages, compared to your American peers.
Must be a skilled worker or professional with academic degrees
Have an employer who is willing to sponsor the applicant for the job
Have a valid job offer from the employer
Meet the specific education and/or work experience requirements for the position offered

The rates may vary depending on the requirements and documentation presented. This information corresponds to October 2023.

EB-3 Visa Application Process

Approval grants 3-year work permit

Once the application is submitted, immigration officials will assess whether the candidate meets the requirements of the program. If the application is approved, the candidate will receive a work permit valid for three years.

This permit can be renewed indefinitely as long as the candidate continues to meet the requirements to obtain the visa.

Employer's financial capability

As part of the application process, your employer must demonstrate that it is capable of providing you with ongoing pay beginning on your visa priority date.

Your employer may look to an annual report, federal income tax return, or audited financial statement to demonstrate its continued ability to pay your wages.

Notification, biometrics, and decision

Once you apply for the EB-3 visa , your employer will receive a notification of receipt of the documentation. In the event that the applicant has applied for the visa, a notification of biometric services and a date for an interview will be sent.

Finally, you will be presented a notice with the final decision from the Department of Labor (DOL)

Get specialized guidance to start your EB-3 Visa application process

Documentation required for EB-3 visa

The application process for the EB-3 visa consists of four steps


Form I-140 and labor certification

To apply for an EB-3 visa , the applicant must file an employer petition ( Form I-140 ) with USCIS . Third preference applications generally must be accompanied by an approved individual labor certification issued by the Department of Labor (DOL).


Form ETA-9089

In general, third preference petitions require an approved individual labor certification, provided by the Department of Labor on Form ETA-9089 . In some cases, the petition may be submitted to USCIS for consideration without the certified ETA-9089.


Form I-485

If the petition is approved, the applicant can file an application for permanent residence ( Form I-485 ) whether in the United States or abroad and eventually obtain US citizenship.


Eligibility for family

If your Form I-140 is approved, your spouse and unmarried children under the age of 21 may be eligible to apply for admission to the United States in category E34 (spouse of a “skilled worker” or “professional”), EW4 (spouse of “other type of worker”), E35 (son of “skilled worker” or a “professional”) or EW5 (son of “other type of worker”).

An EB3 visa comes with certain benefits, including

You can legally work in the United States
You can travel freely in the United States
The EB3 can be renewed indefinitely in two-year increments
Your immediate family (spouse and/or unmarried children under the age of 21) may also qualify for an EB3 visa.
While in the United States, your children can go to school and your spouse can apply for an EAD, an employment authorization document, which gives them permission to legally work in the United States

Can I use premium processing for my EB-3 visa?

Yes. Most, if not all, EB-3 cases allow you to speed up I-140 processing time by using an optional service known as premium processing. By completing Form I-907 and paying the $1,440 fee, you can reduce your petition time to just 15 calendar days.

However, just because your petition is approved in 15 days does not mean that you can get your green card at that time. You will still have to wait for your priority date to become current. Talk to your immigration attorney to find out if premium processing is appropriate for your situation.


Opportunity for Employment in the United States: The EB-3 Visa allows foreign workers with specific skills and experience to obtain employment in the United States.

Path to Permanent Residency: The EB-3 can be a step towards obtaining a Green Card and eventually citizenship.

Inclusion of Family Members: You can include your spouse and unmarried children under 21 in the application.

Work Flexibility: You can change employers in some cases, as long as the new job falls within the same labor preference category.

Experience Not Always Required: In some cases, previous work experience is not required if you meet other requirements.


Long and Complex Process: The processing of the EB-3 Visa can take time, and the process can be complicated.

Limited Visa Quotas: There is a limited number of EB-3 Visas available each year, which can result in delays or waiting.

Dependency on Employer: Your status in the United States can largely depend on your sponsoring employer.

Labor Competition: The demand for EB-3 Visas can be high, which could make obtaining one difficult.

Possible Policy Changes: Immigration policies can change, which could affect your process.

The EB-3 Visa is a non-immigrant Visa that allows foreign workers to work in the United States in jobs that require specific skills. The EB-3 Green Card, on the other hand, is a permanent residency Green Card granted to foreign workers who meet the labor and eligibility requirements, allowing them to reside and work permanently in the United States.

Yes, it is possible to obtain an EB-3 Visa with a master's degree, depending on the job requirements and the specific labor preference category under which you are applying.

In some cases, it is possible to obtain an EB-3 Visa without a university degree if you meet the specific work and experience requirements for the labor category you are applying under.

In some cases, yes, it is possible to obtain an EB-3 Visa without previous work experience if you meet other requirements set for the labor category you are applying under.

You can check the EB-3 priority date in the Visa Bulletin of the United States Department of State.

The processing time for an EB-3 Visa can vary depending on various factors, including the labor category and the workload of the United States Citizenship and Immigration Services (USCIS). It can take several months or even years.

To become a U.S. citizen, you generally need to first obtain a Green Card through the EB-3 Visa. Then, you can apply for citizenship after meeting the residency and physical presence requirements in the United States.

Yes, in most cases, EB-3 Visa applicants must attend an adjustment of status interview as part of the Green Card application process.

Holders of the EB-3 Visa may have travel restrictions, as leaving the United States for extended periods could affect their residency status or eligibility for the Green Card.

In general, EB-3 Visa holders do not have automatic access to healthcare benefits provided by the U.S. government. It is important to obtain private health insurance or through your employer to cover medical needs.

In summary

The EB-3 visa is a great option for those seeking to immigrate to the United States, as the education and/or work experience requirements are lower than for other work immigration visas. If you meet the requirements for the EB-3 visa , contact an immigration attorney to help you file your application with USCIS (United States Citizenship and Immigration Services)

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