The EB3 Visa

The EB3 visa is an employment-based, third preference visa offered to noncitizens that are skilled workers, professionals, or other unskilled workers.

Qualifications

To qualify for an EB3 visa as a skilled worker, an applicant must meet the following requirements:

• You must demonstrate that you possess at least 2 years job experience, education , or training that meets the job requirements specified on the labor certification,
• You must be performing work for which qualified workers are not available in the United States.

Relevant post-secondary educations may be considered as training.

To qualify for an EB3 visa as a professional, an applicant must meet the following requirements:

• You must demonstrate that you possess a U.S. baccalaureate or foreign equivalent degree, and that a baccalaureate degree is the normal requirement for entry into the occupation,
• You must be performing work for which qualified workers are not available in the United States.

Additionally, you must meet any other requirements specified on the labor certification.  Education and experience may not be substituted for a baccalaureate degree.

To qualify for an EB3 visa an unskilled worker, an applicant must meet the following requirements:

• You must demonstrate the ability to perform unskilled labor (requiring less than 2 years training or experience) that is not of a temporary or seasonal nature,
• You must be willing to perform work for which qualified workers are not available in the United States.

Additionally, you must meet any other requirements specified on the labor certification.

How to Apply for an EB3 Visa

If you meet the requirements for an EB3 visa, here are the steps you need to complete for approval:

• Fill out a Form G-28.  This form entitles your attorney or accredited representative to act on your behalf,
• Your employer must fill out a form I-140, an Immigrant Petition for Alien Workers form,
• Passport,
• Documentation that you are eligible to apply for a visa,
• Information about the business you intend to work with or for (name, location, type of business, business owner, etc.),
• U.S. Company Support Statement.  This document is supplied by the U.S. employer and explains why your services are necessary for the business,
• Evidence that you plan to leave the United States after your EB3 visa expires or is terminated.

If you are outside the United States, you should apply for your EB3 visa at a consulate or embassy.  It is recommended to work with a qualified immigration attorney to ensure your documents are filed correctly and expeditiously.

Additional Information

An EB3 visa comes with certain benefits, including:

• You can work legally in the United States,
• You can freely travel in the United States,
• The EB3 can be renewed indefinitely in two-year increments,
• Your immediate family (spouse and/or unmarried children under 21 years of age) can 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, employment authorization document, giving them permission to work legally in the United States.