Qualifying for the EB-3 Visa

The EB-3 visa is divided into 3 subcategories. Each subcategory has distinct eligibility requirements.

EB-3 visas can be issued to:

Regardless of their category, all EB-3 visa applicants must have a permanent offer of employment from a qualifying U.S. employer. Sponsoring employers must obtain Permanent Labor Certification, which confirms that the position cannot be readily filled by a U.S.-based worker.

Applicants will be expected to provide evidence of their undergraduate degree, relevant work experience, and vocational training in addition to their formal petition. Our Washington D.C. EB-3 green card attorney can help you prepare your application materials and confirm that you are providing all of the necessary documentation.

EB-3 Visa Application Process

Before United States Citizenship and Immigration Services can process your petition, your sponsoring employer will need to secure Permanent Labor Certification from the U.S. Department of Labor. This protracted process involves proving that your prospective job cannot be readily filled by a U.S. worker and that the planned wage is standard for the industry.

Once Permanent Labor Certification has been granted, EB-3 visa applicants can submit their materials. USCIS will process your petition and, if all goes well, issue a priority date.

You cannot obtain your visa until your priority date is “current.” The U.S. only issues a set number of employment-based visas each year. EB-3 visas are in the third preference category. If there are more applicants than available visas, you may need to endure an additional waiting period before you can move forward.

Despite a large number of applicants, many petitioners only face waits of several months before their priority date becomes current. However, there are also limits placed on individual countries. Applicants from China and India may experience much longer wait times. Our team can evaluate your situation and help you understand the wait times that you may face.

When a visa is available, you will need to apply for consular processing or an adjustment of status. If you are currently in the United States, you will go through the adjustment of status route and submit additional documentation to USCIS. If you are outside the country, you will schedule an appointment with your U.S. embassy or consulate process and participate in an in-person interview. Upon the completion of either process, you will receive your visa and will be authorized to begin work in the United States.

EB-3 Timeline

Processing times for EB-3 visas can vary dramatically based on a number of factors. In a best-case scenario, procuring Permanent Labor Certification alone takes around 8 months. If your sponsoring employer is audited, the process can take 2 years or more.

Most EB-3 visa petitions will be processed by USCIS in about 6 months. Expedited processing can be purchased.

Many applicants will need to wait several months before a visa becomes available to them. However, others may experience no wait at all. Those applying from certain countries, including India and China, may need to endure multi-year waits.

An adjustment of status can take another 6 months to process. Consular processing can often be a faster option, especially if your U.S. embassy is not backlogged. Many can secure appointments within weeks of a visa becoming available.

If you do not pay for expedited processing, do not have to wait for your priority date to become current, and experience no other complications, it will likely take at least 15 months to obtain your EB-3 green visa. Our Washington D.C. EB-3 green card lawyer at Law Group International can work to secure your visa as quickly as possible. We can help you accurately file your petition so that you can avoid unnecessary delays. Our team can also work with your sponsoring employer to ensure that they correctly and efficiently manage the Permanent Labor Certification phase of the process.

We are proud to serve the global community and offer our legal services in English, Farsi, and Spanish. Call 703-549-5445 or contact us online to explore whether you qualify for the EB-3 visa.