Let us simplify the complexities of immigration law.

Photo of Professionals at Fok Immigration Law
photo of Fok Immigration Law Staff and Attorneys

EB-3 Visas: For Skilled Workers And Professionals

The EB-3 immigrant visa category is a crucial avenue for foreign nationals seeking lawful permanent residence in the United States through employment. Distinguished by its focus on skilled workers, professionals, and other qualified laborers, the EB-3 visa offers a pathway for individuals with a wide range of qualifications and experience levels to obtain a green card. Notably, the EB-3 differs from the EB-2 and EB-1 categories in its accessibility, as it does not require the same level of extraordinary ability or exceptional qualifications. However, an EB-3 visa requires a sponsoring employer to go through the labor certification process, so self-petitioning is not available.

Common Questions And Answers About EB-3 Visas

Which of the three categories am I supposed to be in?

  1. Professionals – This category typically demonstrates that a baccalaureate degree is the normal requirement for entry in this category. Education and experience are not interchangeable for a baccalaureate degree.
  2. Skilled Workers – For this category you must be able to demonstrate at least two years of job experience or training.
  3. Other Workers – This category is for jobs that are considered unskilled labor. This means the position must require less than two years of experience or training and the job cannot be temporary or seasonal in nature. For this specific category only 10,000 visas are permitted a year.

What are the requirements for applying for an EB-3 immigrant visa?

For all categories, the U.S. employer must obtain a labor certification approval from the Department of Labor. Additionally, the applicant must meet any applicable eligibility criteria, including educational qualifications, experience, and other specific requirements as defined by the prospective job.

What is the age requirement for an EB-3 visa?

The age requirement is 18 years of age.

Can I bring my dependents into the US on an EB-3 visa?

Yes, you can bring your dependents with you.

After my EB-3 petition is approved, when can I get my green card?

After receiving the I-140 approval, you will need to file the form I-485 to adjust your status to permanent resident or file the form DS-260 to apply for an immigrant visa abroad to get your green card. However, even if you receive the approval for your EB-3 case, you may still need to wait for some period of time before you can file the second part of your green card application. This depends on when your priority date becomes current according to the dates listed on the visa bulletin for people from your country. We can assist you in determining when you should file your green card applications. Finally, once you receive an approved I-485 or DS-260 and complete all required steps, you will officially become a legal permanent resident in the U.S. We will happily assist you or your family members in preparing your permanent residency application to obtain a green card once you are at this stage.

Contact Fok Immigration Law With Any Additional Questions

If you have additional questions about employment visas, please contact Fok Immigration Law to schedule free initial case evaluation. You may also call our San Jose office at 408-606-8911. We serve clients throughout California and the United States.