The EB-3 visa is a work-based immigrant visa that allows foreign workers to live and work in the U.S. and eventually become permanent residents (Green Card holders).
How Much Does the EB-3 Visa Cost?
Here’s a breakdown of the current fees for the EB-3 visa, depending on where you’re applying from:
For Applicants Inside the U.S.:
- Form I-140 (“Immigrant Petition for Alien Worker”): $715 (paid by your employer)
- Immigrant Fee: $235
- Form I-485 (Application to Adjust Status): $1,440
For Applicants Outside the U.S.:
- Form I-140: $715 (paid by your employer)
- Form DS-260 (Green Card application): $345
- Form I-864 (“Affidavit of Support”): $120
How Long Does the EB-3 Visa Take to Process?
The EB-3 visa processing time includes several steps, each with its timeframe:
- Form I-140 Processing: It typically takes around 6.9 months, but you can speed up this process by paying for premium processing, which takes 15 calendar days.
- Waiting for Visa Availability: After I-140 approval, you must wait for a visa number. The wait depends on your country of origin and visa demand.
- Form I-485 Processing: If you are already in the U.S., this step can take anywhere from 6.4 months to 32.5 months.
- Consular Processing: For applicants outside the U.S., the application will go to a U.S. Embassy or Consulate for an interview, and wait times depend on the embassy and location.
Understanding the EB-3 Visa
The EB-3 visa is part of the third preference employment-based visa category, designed for skilled workers, professionals, and other workers. It includes three subcategories:
- EB-3(A): Skilled Workers
- EB-3(B): Professionals
- EB-3(C): Other Workers
Benefits of the EB-3 Visa
The EB-3 visa provides several benefits, including:
- The chance to live and work permanently in the U.S.
- Bringing eligible family members (spouse and unmarried children under 21) to live in the U.S.
- Potential for U.S. citizenship in the future
- Flexibility to change employers under certain conditions
EB-3 Visa Eligibility Requirements
EB-3(A) Skilled Workers
- Must have at least 2 years of job experience or training.
- Must have a U.S. employer job offer that proves there are no qualified U.S. workers available.
EB-3(B) Professionals
- Must have a U.S. bachelor’s degree or its foreign equivalent.
- Must have a U.S. employer job offer that requires a bachelor’s degree or higher.
EB-3(C) Other Workers
- Must be capable of performing unskilled labor that requires less than two years of training or experience.
- Must have a job offer from a U.S. employer who shows there are no qualified U.S. workers for the position.
How to Apply for the EB-3 Visa
- Labor Certification: Your employer must first get a PERM labor certification from the U.S. Department of Labor (DOL), proving there are no U.S. workers for the job.
- Form I-140 Petition: After the labor certification is approved, your employer can file Form I-140 on your behalf to prove eligibility.
- Visa Application: After USCIS approves Form I-140, you can apply for a visa. If you are outside the U.S., you’ll apply at a U.S. Embassy. If you’re already in the U.S. on another visa, you can apply for a change of status using Form I-485.
Important Things to Consider
- Visa Bulletin: The U.S. Department of State publishes a monthly Visa Bulletin that indicates when immigrant visa numbers are available. Pay attention to this bulletin to see when you can proceed with your application.
- Priority Date: Your priority date is the date when your Form I-140 petition is filed. It determines your place in line for a visa number.
- Job Change Flexibility: You may be able to change employers after your I-140 is approved, under certain rules. The AC21 Act allows EB-3 visa holders to switch jobs as long as they meet specific requirements.
EB-3 Visa Frequently Asked Questions (FAQs)
Can I apply for an EB-3 visa without a job offer?
No, a job offer from a U.S. employer is required for the EB-3 visa.
Is there a salary requirement for the EB-3 visa?
The employer must pay a wage that meets the prevailing wage for the job in the area, but there’s no set minimum salary.
Can I change employers after obtaining the EB-3 visa?
Yes, under certain conditions, you can change employers once your I-140 petition is approved.
Can my family come with me on the EB-3 visa?
Yes, your spouse and unmarried children under 21 can join you in the U.S. and apply for derivative visas.
Can I apply for a Green Card for my family members after getting the EB-3 visa?
Yes, once you get your EB-3 visa and become a permanent resident, you can apply for Green Cards for your eligible family members.
Is there a limit on the number of EB-3 visas issued each year?
Yes, the EB-3 category has a cap on the number of visas issued each year, which can vary based on demand and your country of origin.
Can I apply for premium processing for the EB-3 visa?
Yes, premium processing is available foe Form I-140, which will speed up the approval process to 15 days. However, it doesn’t apply to Form I-485 or consular processing.
Can I apply for an EB-3 visa while on a nonimmigrant visa in the U.S.?
Yes, you can apply for an EB-3 visa while in the U.S. and adjust your status if eligible.
Can I travel outside the U.S. while my EB-3 visa application is pending?
Traveling outside the U.S. during the EB-3 visa application process can affect your application. It’s best to consult with an immigration lawyer before making travel plans.
By understanding the steps and requirements for the EB-3 visa, you can make the process smoother and work toward your goal of living and working permanently in the U.S.
