Need to know about U.S. EB-3 Employment-based Immigration
  • Posted 30 Apr, 2021

Getting a job offer from a US-based employer is one of the most common ways to obtain a Green Card. US employment-based immigration are divided into five preference categories. Today let me introduce the category with the lowest threshold among the five categories: Third Preference EB-3.

What is EB-3?

US Labor Immigration, the Employment-based Third Preference Immigrant Visa under the USCIS, which is known as “EB-3”. The annual quota for this type of visa is 40,000. The application process for an EB-3 Visa requires sponsorship from a U.S. employer. As such, the foreign worker needs a permanent, full-time employment from a U.S. based employer. That employer must be willing to complete a labor certification and application process for you. Labor certification means that the employer recruits for and advertises the position in accordance with U.S. immigration law guidelines and finds no qualified U.S. workers who are willing and available to take the job.

Who qualifies for EB-3 employment-based application to obtain a green card?

EB-3 Visa has three subcategories: Skilled Workers, Professionals, and Other Workers (or Unskilled Workers).

For Skilled workers, you must be able to demonstrate that you possess at least 2 years of job experience, education, or training that meets the job requirements specified on the labor certification. Professionals are designed for those who possess a U.S. baccalaureate or foreign equivalent degree, and that a baccalaureate degree is the normal requirement for entry into the occupation.

Compared with the above two subcategories, EB-3C, also called Other Workers(or Unskilled Workers) has a lower threshold to meet, with no English ability, education, assets or business background requirements. You just need to demonstrate you are capable of performing unskilled labor (requiring less than two years' training or experience) that is not of a temporary or seasonal nature. You can bring with the whole family with you to obtain Permanent Residency Visas once you have obtained employer's sponsorship.

Since the threshold is easy to meet but the annual quota for this type of visa is limited, meaning that if more people apply in a year than there are visas available, recent applicants will have to be put on a waiting list. This is a common problem for EB-3 visa applicants. Currently, it takes about 10 years for those applicants who were born in mainland China to obtain Permanent Residency Visas through the EB-3 subcategory “other workers”. While for other applicants born in Hong Kong, Macao, Taiwan and other countries such as South Korea, Philippines, Vietnam and Mexico(India excluded), the waiting time will be not that long. To get a sense of how long your wait will be, look at the most recent State Department Visa Bulletin.

Why can you get the green card with such simple requirements?

The U.S. labor market has been in lack of labor in certain independent Skilled Categories (e.g. healthcare, nursing, etc.) and Non-skilled Categories (e.g. cleaning, packaging, and meat processing). The law allows any qualified person who is in short supply in the U.S. labor market to apply for legal permanent residency in the U.S.. Under a U.S. employer's sponsor, you can apply through the EB-3 route to obtain a permanent resident visa and then work in the United States, and you can also apply to become a U.S. citizen and obtain a U.S. passport after meeting the specific residing requirements.

How can we help you to get a EB-3 Visa?

  1. We can quickly help you match the appropriate and qualified employer who can apply Labor Certificationfor you. EB-3 visas require that you have an offer of permanent, full-time employment from a U.S. based employer. That employer must be willing to complete a labor certification and application process for you.
  2. Our highly-skilled EB-3 attorneys can help you from gathering the necessary various documents that you need and your employer will need to come up with through preparing for an interview and completing the final paperwork in order to persuade the DOL and immigration authorities that you should be granted the green card.

So choose us, and start your American journey here!

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