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 own 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 Application 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 Application?
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 for 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.
How does the PERM certification process work for EB-3 visas
The PERM (Program Electronic Review Management) labor certification process is a critical first step for EB-3 visa applicants. Here’s a comprehensive breakdown of the process:
Key Steps in PERM Labor Certification
1. Job Description and Requirements
The employer must:
- Define precise job duties
- Establish minimum education and experience requirements
- Ensure job requirements are reasonable and not designed to exclude U.S. workers
2. Prevailing Wage Determination
- Obtain a wage determination from the U.S. Department of Labor (DOL)
- Determine the average wage for similar positions in the geographic area
- Ensure the offered wage meets or exceeds the prevailing wage
3. Labor Market Test
The employer must extensively recruit U.S. workers by:
- Posting job advertisements in a major newspaper on consecutive Sundays
- Advertising on the State Workforce Agency website
- Posting job notices at the worksite
- Conducting a comprehensive recruitment process to prove no qualified U.S. workers are available
4. Filing Documentation
- Complete and electronically file Form ETA-9089 with the DOL
- The filing date becomes the applicant’s “Priority Date”
- Be prepared for a potential DOL audit, which requires submitting documentation within 30 calendar days
Important Considerations
- USCIS awards approximately 40,000 EB-3 visas annually
- The entire PERM process typically takes 6-12 months
- After PERM approval, the employer must file Form I-140 within 180 days
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.
How Law and Visas Can Help?
At Law and Visas, our team of expert immigration consultants is here to make your travel straightforward and successful. Whether you’re applying for a Skilled Worker or an Unskilled Worker Visa, we handle every step—from preparing your application to gathering the required documents.
Our Immigration Consultants and Lawyers ensure that your application meets the highest standards, with no details missed. We’ll also keep you informed throughout the process and coordinate with the immigration office or embassy on your behalf.
Law and Visas have a strong record of helping clients secure the visas/permits they need for International travel. You can call us today at +234 812 5505 986 to learn how we can help you.
