EB-3 Visa Lawyers
Who Is the EB-3 Visa For?
The EB-3 is part of the employment-based immigration system, which allows U.S. employers to sponsor foreign workers for permanent residency when qualified American workers are not available.
Specifically, the EB-3 falls under the third preference category, making it available to skilled workers, professionals with a bachelor’s degree, and certain unskilled workers. It’s designed for individuals who may not qualify under the higher bars of EB-1 or EB-2, but who still have valuable skills needed by U.S. employers.
The EB-3 covers three main categories:
Skilled Workers: Jobs requiring at least 2 years of training or experience.
Professionals: Positions requiring a U.S. bachelor’s degree (or foreign equivalent).
Other Workers (Unskilled Labor): Roles requiring less than 2 years of training or experience (subject to longer wait times).
Benefits of the EB-3 Visa
Once your Green Card is issued through the EB-3 visa process, you gain significant long-term advantages:
Permanent residency: Live and work permanently in the U.S. as a Green Card holder.
Path to citizenship: Eligible to apply for U.S. citizenship after 5 years of permanent residency.
Family benefits: Your spouse and unmarried children under 21 can also obtain Green Cards as derivative beneficiaries.
Career flexibility: After receiving your Green Card, you are no longer tied to one employer or location — you can change jobs or even start your own business.
Stability vs. temporary visas: Unlike temporary work visas, the EB-3 leads directly to permanent residency, providing long-term security for you and your family.
Important: These benefits only begin after your priority date becomes current in the Visa Bulletin and your Green Card is approved. Depending on your country of origin, this can mean waiting months or even years after the initial petition approval.
EB-3 Visa Qualification Criteria
To qualify for the EB-3 visa, you must meet the requirements for one of its categories:
Skilled Workers: At least 2 years of job experience, training, or education. The offered role cannot be temporary or seasonal.
Professionals: A U.S. bachelor’s degree (or foreign equivalent) related to the position. The job must normally require a degree.
Other Workers: Able to perform unskilled labor requiring less than 2 years of training or experience.
In all categories:
You must have a full-time job offer from a U.S. employer.
The employer must complete the PERM labor certification process, proving that no qualified U.S. workers are available for the role.
How Does PERM Work for the EB-3 Visa?
The permanent employment certification (or PERM certification) is the first and most critical step in most EB-3 cases. It’s how the U.S. Department of Labor (DOL) ensures that hiring a foreign worker will not take a job away from a qualified U.S. worker.
Here’s how it works:
Employer defines the job: The U.S. employer sets the duties, minimum requirements, and location of the role being offered.
Prevailing wage determination: The employer requests a wage determination from DOL to confirm the foreign worker will be paid at least the standard wage for that role and region.
Recruitment process: The employer must actively recruit U.S. workers through job postings, newspaper ads, and online listings. If qualified U.S. applicants are found, the PERM cannot move forward.
Filing the permanent labor certification application (Form ETA-9089): If no qualified U.S. worker is hired, the employer files the PERM application with DOL, certifying that recruitment was done in good faith.
Approval or audit: DOL either approves the PERM or issues an audit for further review, which can extend the timeline.
Important: The PERM process is entirely employer-driven; the foreign worker cannot file it on their own nor be extensively involved. It typically takes 6-12 months (or longer if audited) and must be completed before the employer can file the I-140 immigrant petition with USCIS.
EB-3 Visa Filing Fees
In total, EB-3 government filing fees usually range from $2,000 to $2,500 per applicant, not including employer costs, attorney fees, or medical exams. Employers must bear the costs of the PERM process and legal filings.
EB-3 Visa Processing Time
Processing times vary depending on your country of origin, the demand for visas, and government backlogs. On average:
PERM labor certification: 6-12 months (longer if audited).
I-140 petition: 6-9 months (can be expedited with premium processing in 15 days).
Green Card application (I-485 or consular processing): Several months to over a year.
Overall, the EB-3 process can take 1 to 3 years for most applicants. It can take even longer for nationals of countries with high demand, as determined by the Visa Bulletin.
Choosing an EB-3 Visa Lawyer
What Matters When Deciding on an EB-3 Visa Lawyer?
The EB-3 visa offers a path to permanent residency through employment, but it involves labor certification, employer sponsorship, and careful documentation. The right immigration lawyer ensures every stage of the process is strategic and compliant.
Proven EB-3 experience: Ask how many EB-3 cases they’ve completed successfully.
Labor certification expertise: EB-3 petitions often hinge on properly completed PERM filings and timelines, so choose a lawyer who’s highly detail-oriented.
Clear process guidance: Look for a lawyer who explains each step clearly, from job offer requirements to adjustment of status.
Silver
Your experienced attorney files your case, with clear communication and transparency every step of the way.
What’s included:
EB-3 filing
Live case tracking
2-chair legal review
Guaranteed timelines personalized to
your case*
*Prior results do not guarantee future outcomes.
*Prior results do not guarantee future outcomes.
Do I need an immigration attorney for the EB-3 visa?
You’re not required to hire a lawyer, but the EB-3 process is complex. Between PERM labor certification, employer filings, and USCIS paperwork, even small mistakes can lead to delays or denials. An immigration lawyer helps your employer handle the labor certification correctly, prepares the I-140 petition, and guides you through adjustment of status or consular processing, saving time and reducing risk.
Who files the EB-3 visa — me or my employer?
The EB-3 is employer-sponsored. That means your U.S. employer must pay for and file the PERM labor certification and the I-140 petition on your behalf. You cannot self-petition. Once the I-140 is approved and your priority date is current, you (the foreign worker) file the final Green Card application (Form I-485 if inside the U.S., or DS-260 if abroad).
What is the EB-3 visa application process?
The EB-3 process generally follows these steps: 1. PERM labor certification (employer files with the Department of Labor). 2. Form I-140 petition (employer files with USCIS after PERM approval). 3. Wait for a visa number (based on the Visa Bulletin; immediate if current). 4. Green Card application — either Adjustment of Status (Form I-485) if you’re in the U.S., or Consular Processing (DS-260) if you’re abroad. 5. Interview and approval — you and your family receive Green Cards.
Do I have to stay with my sponsoring employer after getting my EB-3 Green Card?
You are expected to work for the sponsoring employer in good faith after approval, usually for a reasonable period (often 6-12 months). After that, Green Card holders are free to change jobs, work for any employer, or even start their own business.
What’s the difference between EB-1, EB-2, and EB-3?
The main differences are in eligibility, requirements, and wait times: - EB-1: For individuals at the top of their field—such as people with extraordinary ability, outstanding professors/researchers, or multinational executives. It has the highest bar to qualify but often the shortest wait times. - EB-2: For professionals with advanced degrees or exceptional ability in their field. Some applicants may qualify for a National Interest Waiver (NIW), which allows them to self-petition without an employer sponsor. - EB-3: For skilled workers (2+ years of experience), professionals with a bachelor’s degree, and other workers performing unskilled labor. It has broader eligibility but often longer wait times due to higher demand. All three lead to a Green Card and eventual citizenship. The best category for you depends on your qualifications, career level, and whether you have a sponsoring employer.
How is the EB-3 visa different from the L-1 visa?
- EB-3: For skilled, professional, or other workers who have a permanent job offer from a U.S. employer. Leads directly to a Green Card. - L-1: A temporary visa that allows multinational companies to transfer managers, executives, or employees with specialized knowledge from a foreign office to a U.S. office. It does not directly lead to a Green Card, but some L-1 holders later apply for EB-1C or EB-2/EB-3 categories.
How is the EB-3 visa different from the H-1B visa?
- EB-3: A Green Card (permanent residency). It gives long-term stability, work freedom, and a path to citizenship. It requires employer sponsorship and PERM labor certification. - H-1B: A temporary work visa (nonimmigrant), valid for up to 6 years. It’s subject to an annual lottery and does not guarantee permanent residency, though many people later transition from H-1B to EB-2 or EB-3.
