EB-3 Immigrant Visa

The EB-3 visa is an immigrant visa category designed for foreign workers who possess skills, experience, or education in occupations that require less than a bachelor's degree. Here are key aspects of the EB-3 visa:

• Categories: The EB-3 visa includes three subcategories: EB-3A for professionals, EB-3B for skilled workers, and EB-3C for other workers.
• Professional Workers (EB-3A): This category is for individuals with a bachelor's degree or its equivalent and a job offer in a profession that requires at least a bachelor's degree.
• Skilled Workers (EB-3B): This category is for individuals with at least two years of work experience or training in a skilled occupation and a job offer in that occupation in the United States.
• Other Workers (EB-3C): This category is for individuals performing unskilled labor that is not temporary or seasonal, with less than two years of work experience or training, and a job offer in the United States.
• Labor Certification: Before applying for an EB-3 visa, the employer must obtain a labor certification from the U.S. Department of Labor (DOL), demonstrating that there are no qualified U.S. workers available to fill the position being offered to the foreign worker.
• Priority Date: Once the labor certification is approved, the employer files an immigrant petition (Form I-140) on behalf of the foreign worker. The priority date for the EB-3 visa is the date the labor certification application was initially filed with the DOL.
• Visa Availability: The availability of EB-3 visas may be subject to annual visa quotas and country-specific limitations. Priority dates may determine when an applicant can proceed with the next steps in the immigrant visa process.
• Adjustment of Status or Consular Processing: After the immigrant petition is approved, the foreign worker may apply for an immigrant visa through adjustment of status (if eligible and physically present in the U.S.) or consular processing (if outside the U.S.).
• Spouses and Children: Spouses and unmarried children under 21 years old of EB-3 visa holders may accompany or follow to join the principal applicant as derivative beneficiaries.
• Permanent Residency: Upon approval of the immigrant visa application and admission to the United States, EB-3 visa holders become lawful permanent residents and may eventually be eligible to apply for U.S. citizenship.

Navigating the EB-3 visa process can be complex, so it's advisable for both employers and prospective employees to seek legal guidance to ensure compliance with all relevant regulations and requirements.