EB3 Visa (Worker's Green Card)

The EB3 Green Card is a skilled worker visa open to foreign nationals who have received an offer of employment from an U.S.-based sponsor. It is intended for those who do not qualify for other employment-based visas, such as the EB2 Green Card for exceptional ability.

The EB3 visa includes three different subcategories:

• Skilled workers, who have a minimum of 2 years of training or work experience
• Professionals whose job requires a higher degree and a professional license
• Other workers, who are performing a job for which qualified workers are not available in the U.S. at the moment of the petition (EW-3 Visa)

To be eligible for a skilled worker visa, applicants must:

• Hold a labor certification
• Have a permanent, full-time job
• Demonstrate that there is no U.S. workforce available for their job
• Have received an offer of employment from an U.S.-based employer

Based on your EB3 visa category, there are separate requirements to be met:

• Skilled workers must demonstrate they have at least 2 years of job experience or training
• Professionals must hold a position for which a higher degree is required
• Unskilled workers must be performing a job for which there is no qualified U.S. workforce available. In this case, they may have less than 2 years of work experience.

The whole EB3 Green Card processing time may take anywhere from 1 to 3 years. However, applicants from certain countries may wait up to 6 years because of the annual visa cap.

By paying an additional fee of $1,410, your sponsor can shorten your EB3 Visa processing time. Nevertheless, this may not be of any help if your permit priority date is still not current. Employers qualified for specialty roles from Australia may meet the E3 Visa requirements. Since this permit is only targeted at Australia nationals, the processing time may be shorter.

All the information about the number of available permits is listed in the EB3 Visa bulletin. Before sponsoring your application, your employer needs to prove that there are no U.S. workers qualified for your position. This can be done by getting a labor certification from the Department of Labor (DOL) and filing the ETA Form 9089.

Employment-based Green Card requires a PERM Labor Certification from the U.S. DOL.

Prospective U.S.-based employers are not allowed to hire foreign workers directly. First, they need to establish that are no available workers already living in the U.S. who can fill the position.

To be approved, the PERM certification must also pass a Prevailing Wage Determination. Thus, your sponsor needs to prove that the job vacancy has also been advertised in major local newspapers and relevant agencies.

The DOL may also ask to access to a detailed record of the recruitment process that has been conducted to fill the position.

If you hold a skilled worker visa, your immediate relatives can join you in the U.S.

For skilled workers and professionals, spouses can apply for an E-34 visa. In the same way, eligible unmarried children can apply for an E-35 permit.

If you are on an EW-3 Visa, your spouse may be eligible for an EW-4 visa. Likewise, your children can request an EW-5 visa.

In both cases, eligible spouses of EB3 Visa holders can apply for an Employment Authorization Document (EAD) to seek the right to work in the U.S.