In this guide, we’ll explore the eligibility criteria and requirements for each subcategory under the EB-3 visa, including EB-3A for skilled workers, EB-3B for professionals, and EB-3C for unskilled workers. Additionally, we’ll discuss the validity of the Permanent Residence card, family member benefits, jurisdictional processes, and the importance of consulting immigration attorneys for personalized guidance.

Whether you’re an individual seeking employment-based immigration or an employer looking to sponsor foreign workers, understanding the EB-3 visa program is essential. Let’s delve into the details of the EB-3 visa categories to help you navigate the path to permanent residency in the United States.

Eligibility:

The EB-3 visa category is for individuals who are skilled workers, professionals, or unskilled workers.

EB-3A: Skilled Workers Visa

The Skilled Workers visa is granted to individuals who have at least 2 years of training or work experience that is not temporary or seasonal. Documentation and written explanations will be required to demonstrate the applicant meets these requirements, including:

• Evidence that the applicant has had at least 2 years of job experience or training in skilled work with documentation from an established trainer or academic institution.
• A review by the Department of Labor to establish that no United States workers are available or qualify to do the work intended for the applicant.

EB-3B: Professionals Visa

The Professionals Visa is granted to individuals who have at least a United States Bachelor’s degree or a foreign equivalent. Documentation and written explanations will be required to demonstrate the applicant meets these requirements, including:

• Evidence that the applicant has, at a minimum, a Bachelor’s Degree or a foreign equivalent directly related to the employment.
• Establish that the degree is the normal requirement for entry into the occupation.
• A review by the Department of Labor to establish that no United States workers are available to do the work intended for the applicant.

EB-3C: Unskilled Workers Visa

The Unskilled Workers visa is granted to individuals who perform unskilled labor, which does not require at least 2 years of training or work experience to perform. Documentation and written explanations will be required to demonstrate the applicant meets these requirements, including:

• Evidence that the employment offered requires less than two years of training or experience that is not temporary or seasonal.

Validity:

The Permanent Residence card expires after 10 years and must be renewed before the expiration date. However, the status of a Permanent Resident does not expire. In some cases, a conditional permanent resident card is granted, meaning the card expires after 2 years and the green card holder must apply to have the conditions of their status removed by USCIS. After which, their permanent resident card will be valid for 10-year periods.

Family Members:

Spouses and children under 21 are derivative beneficiaries of an approved I-140 petition.

Jurisdiction:

EB-3 visas are processed directly with USCIS. I-140 petitions are subject to priority dates. After the approval of the I-140 petition, the applicant can choose whether to adjust their status within the US or to conduct consular processing overseas.

Each case is unique. To determine eligibility for this visa, please contact our firm to set up an appointment.