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G l o r y I n t e r n a t i o n a l

EB-3

EB-3

The EB-3 program is a U.S. employment-based immigrant visa category that allows foreign workers to obtain lawful permanent residency (a green card) in the United States. It is part of the employment-based visa system, specifically for skilled workers, professionals, and other (unskilled) workers.
Categories of the EB-3 Visa
1. EB-3(A) – Skilled Workers

The EB-3 program is divided into three subcategories: This category is for individuals who:

2. EB-3(B) – Professionals

This category is for individuals who:

3. EB-3(C) – Other Workers (Unskilled Workers)
This category is for individuals who:
Key Requirements
Processing Time for an EB-3 Visa

The total processing time for an EB-3 visa varies depending on country of birth, visa bulletin wait times, and individual case circumstances. On average, the entire process can take anywhere from 3 to 5 years.
Estimated Processing Timeline:

EB-3 Worker Green Card Process

Step 1: Understanding Eligibility

To qualify for the EB-3 Worker Green Card, you must first have an employer to sponsor you. Your U.S. employer will play a crucial role in sponsoring your application. If you are considering applying for an EB-3 visa, it is important to determine whether you meet the eligibility criteria for one of the three categories: Skilled Workers, Professionals, or Other Workers.

Step 2: Process for the Prevailing Wage Determination

Your U.S. employer must first obtain a Prevailing Wage Determination (PWD) from the U.S. Department of Labor (DOL). The PWD is a critical step in the EB-3 Unskilled Visa process. It ensures that the wage offered to foreign workers aligns with U.S. labor market standards.

Step 3: Labor Certification Process

Your U.S. employer must obtain a labor certification from the U.S. Department of Labor (DOL).
This involves demonstrating that there is a shortage of qualified U.S. workers for the specific job. The labor certification is a critical step in the process.

Step 4: Priority Date and Visa Bulletin

– Your “priority date” is assigned when the Labor Certification is filed.
– Monitor the monthly Visa Bulletin to check the availability of visa numbers for your category and country of chargeability.
– Your priority date determines when your green card application can be filed and approved.

Step 5: Form I-140 Petition

Once the labor certification is approved, your U.S. employer will file an Immigrant Petition for Alien Worker (Form I-140) on your behalf. This petition establishes the employer’s intent to employ you on a permanent basis.

Step 6: Green Card Approval

After your I-140 (Immigrant Petition for Alien Worker) is approved and a visa number becomes available, you will proceed with one of the following pathways:

1. Adjustment of Status (Form I-485) – For Applicants Already in the U.S.

2. Consular Processing – For Applicants Outside the U.S.

Step 7: Starting Work for Your Employer Sponsor

Once you have received your EAD (work permit) or green card, you must begin working for your sponsoring employer according to the job offer

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EB3 Sponsors

Main industries include:

Some unskilled Positions include:
Supermarket Cashier, Shelf Stockers, Baggers, Kitchen Helper, Fast Food Worker, Restaurant Server, Food Assembly Worker, Housekeeping Staff (Room Attendant, Hotel Cleaner, Commercial Cleaner, Laundry Worker, etc.

Some skilled positionsinclude:

Retail and Wholesale, Real Estate and Property Management, Legal and Business Services, Hospitality and Food Services, Information Technology and Technical Services, Logistics and Supply Chain, Administrative and Office Support,etc.

Q & A

  • 1. What is the EB3 Green Card Application?

    The EB3 Green Card application (“EB3”) is part of the U.S. employment-based immigration system, allowing foreign nationals to obtain permanent residency through employer sponsorship. This program falls under the broader umbrella of employment-based (EB) immigration and is designated as the third preference category, hence "EB3." Applicants must have a job offer for a permanent, full-time role from a U.S. employer willing to act as a sponsor. This pathway is ideal for those looking to secure a long-term future in the U.S., with the additional benefit of including immediate family members (spouse and unmarried children under 21) as derivative beneficiaries.

  • 2. What are the sub-categories under EB3?

    The EB3 category comprises three main sub-categories to accommodate a range of applicants:
    • Professionals: Individuals whose job requires at least a U.S. baccalaureate degree or its foreign equivalent. Applicants in this sub-category must be members of their respective professions.
    • Skilled Workers: Individuals whose positions require a minimum of two years of education, experience, or training. These roles must be permanent and cannot be temporary or seasonal in nature. Post-secondary education can be counted as training.
    • Other Workers: Individuals performing unskilled labor that requires less than two years of training or experience. These jobs must also be full-time and permanent, not temporary or seasonal.

  • 3. What are the advantages of the EB3?

    • Accessible to a wide range of applicants without significant investment.
    • Relatively fast processing for skilled workers compared to other categories.
    • Comprehensive support from experienced U.S. immigration attorneys for international applicants.
    • Detailed guidance and assistance throughout each stage of the process.

  • 4. What are the requirements for EB3 green card applicants?

    The qualifications for each sub-category are as follows:
    • Unskilled Workers: Must be at least 18 years old, possess basic English communication skills, and have no criminal record. Prior experience or training is not required.
    • Skilled Workers: Must be at least 18, with basic English proficiency, no criminal record, and at least two years of relevant education, experience, or training. Post-secondary education can be counted as training.
    • Professionals: Must be at least 18, with basic English proficiency, no criminal record, and a bachelor’s degree in a field related to the job offered.
    Our dedicated team of experienced professionals and U.S. immigration attorneys will thoroughly evaluate your background and align you with the most suitable job positions.

  • 5. How is a child's age protected under the Child Status Protection Act (CSPA)?

    Children under 21 are eligible as derivative beneficiaries in their parents’ EB3 application. The CSPA ensures they do not "age out" by subtracting the time the I-140 petition was pending from their age on the date a visa becomes available. If the CSPA-calculated age is under 21, the child’s age is “frozen,” enabling them to receive a green card alongside the principal applicant. CSPA Calculation: Age at Time of Visa Availability - Pending Time = CSPA Age
    Example: If a child is 21 years and 4 months old when a visa becomes available and the I-140 was pending for 6 months, their CSPA age is 20 years and 10 months.

  • 6. What is a priority date, and how is it determined?

    The Priority Date is the date when the Labor Certification (Form ETA 9089) is filed by the sponsoring employer. This date establishes the applicant’s place in the visa queue, which is updated monthly by the U.S. Department of State’s Visa Bulletin.

  • 7. Is the Visa Bulletin determined by nationality or place of birth?

    Visa priority is based on place of birth, not nationality. Applicants with spouses born in countries with shorter wait times can use the spouse's birth country for a potentially faster process.

  • 8. Are there employer size requirements for EB3?

    While there are no strict requirements regarding employer size, the job position must align with the company's operations, and the employer must demonstrate their financial capacity to pay the offered wage.

  • 9. Can my family join me, including my spouse and children?

    Eligible dependents include your legally married spouse and unmarried children under 21 years old. They may apply for derivative permanent resident status through your EB-based immigration case.
    This allows your family members to obtain Green Cards of their own, giving them the right to live, work, and study in the U.S. as lawful permanent residents.
    Their applications will be processed alongside yours, and their eligibility is generally dependent on the approval of your petition.
    In addition, your spouse may be eligible to apply for a work permit (Employment Authorization Document) to legally work in the U.S.
    To qualify, your family members must submit required documents—such as marriage or birth certificates—to confirm the family relationship and complete the necessary application steps.

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