EB3 Visa Guide: Everything You Need to Know

1. Employment Criteria: The applicant must qualify as a professional, skilled worker, or unskilled worker, meeting the necessary education, experience, or training requirements.

2. No Qualified U.S. Workers: The U.S. employer must obtain PERM labor certification, proving that no qualified American workers are available for the position.

3. Valid U.S. Job Offer:  The applicant must have a permanent, full-time job offer from a U.S. employer willing to sponsor the EB3 visa and prove their ability to pay.

The American EB 3 visa application process involves multiple steps, requiring both employer and employee participation. Below is an overview of each stage in the process.

The process begins with the US employer obtaining a labor certification from the Department of Labor (DOL). This proves that no qualified US workers are available for the position and that the employer will pay the prevailing wage. The employer must first apply for a prevailing wage determination and then submit Form ETA-9089 to the DOL. The employer must also conduct recruitment efforts, including advertising the position in newspapers, job fairs, and professional networks. Once approved, the labor certification allows the employer to move forward with the petition.

After receiving an approved labor certification, the US employer files Form I-140 with United States Citizenship and Immigration Services (USCIS). This petition confirms that the job offer meets EB3 visa requirements and that the employer has the financial ability to pay the applicant’s salary. If USCIS approves the petition, it is forwarded to the National Visa Center (NVC), where a priority date is assigned based on visa availability. Applicants must wait for their priority date to become current before proceeding with the next steps.

Once the priority date is current, the applicant must complete Form DS-261 online. This form notifies the US embassy or consulate that the applicant is ready to begin visa processing. A confirmation notice must be received before scheduling a visa appointment.

The applicant must undergo a medical examination with an NVC-approved physician. This includes vaccination verification and overall health screening to confirm admissibility into the United States. The medical records must be submitted as part of the visa application.

The applicant must submit supporting documents, including the approved labor certification, Form I-140 approval notice, Form DS-261 confirmation, valid passport, medical records, job contract, academic records, resume, and criminal background check (if applicable). The NVC may request additional documents depending on individual circumstances.

Once all documents are submitted, the applicant attends an interview at the US consulate or embassy in their home country. A US consular officer will review the documents and ask questions about the applicant’s background, job offer, and intent to work in the United States. If approved, the applicant will receive an EB3 visa.

After visa approval, the applicant can travel to the United States as a lawful permanent resident. Upon arrival, they will be processed for a green card, which grants them work authorization and permanent residency. Spouses and dependent children may also accompany them under EB3-dependent status.

The EB3 visa application requires several supporting documents to verify your eligibility. While the exact paperwork may vary based on individual circumstances, the following is a general list of essential documents. Keeping copies of all submitted documents for at least three years is recommended, as random audits may occur.

Essential Documents:

• Employment Contract – A written agreement between the US employer and the beneficiary outlining job duties, salary, and terms of employment.
• Valid Passports – Current passports for the beneficiary and any dependent family members.
• Photographs – Passport-style photographs meeting US visa requirements.
• Medical & Vaccination Records – Completed medical exam and vaccination documentation from an NVC-approved physician.
• Academic Records – Copies of degrees, diplomas, certifications, and transcripts verifying qualifications.
• Work Experience Proof – Employer reference letters or other documentation demonstrating relevant job experience.
• Criminal Records – Police clearance certificates (if applicable) confirming no prior legal issues.
• Awards & Recognitions – Proof of notable professional achievements or industry honors (if applicable).

Forms

The EB3 visa process involves submitting multiple forms at different stages. Each form plays a crucial role in verifying eligibility, employment details, and visa processing. Below is a breakdown of the key forms required.

1. Form ETA-9089 – Labor Certification

This Application for Permanent Employment Certification is required before filing an EB3 petition. Approved by the Department of Labor (DOL), it verifies that:

• No qualified US workers are available for the job.
• The employer is offering fair wages based on prevailing industry standards.
• The employment of a foreign worker does not negatively affect the US labor market.

2. Form I-140 – Immigrant Petition for Alien Workers

This form serves as the official EB3 visa petition and must be submitted to USCIS. It includes:

• Employer details and job position information.
• Proof of financial ability to pay the beneficiary.
• Documentation proving the applicant meets the EB3 visa requirements.

3. Form DS-261 – Choice of Address and Agent

• Filed online by the visa beneficiary, this form notifies the US Embassy or Consulate that the applicant is ready to begin visa processing.
• Required for consular processing outside the US.Must receive a confirmation notice before proceeding with the visa application.

Each of these forms is essential for a successful EB3 visa application, and missing or incorrect information can cause delays.

The EB3 visa application involves several fees, which may vary and are subject to change. It’s important to confirm the latest costs and determine which fees are covered by the US employer and which are the responsibility of the beneficiary.

• I-140 Petition Filing Fee: $700 (paid by the US employer)
• DS-261 Processing Fee: $445 (paid by the beneficiary)
• Additional Costs: Medical exams, document translations, and other administrative expenses vary depending on individual circumstances.

For the most up-to-date fee structure, check with USCIS or consult Syntax immigration professional.

The EB3 visa offers a pathway to permanent residency for eligible individuals seeking employment in the United States. By now, you should have a clearer understanding of the EB3 visa process, including its benefits, eligibility requirements, and application steps.

If you have any questions regarding the information covered in this guide, feel free to reach out via email at cs@syntaxfl.com. We are highly responsive and always happy to assist you with any inquiries related to the EB3 Visa process.