Guide to Application Process for EB3 Visas

Applying for an EB-3 green visa is complicated, especially if you are doing it for the first time. However, an expert on your side will guide you through the process. 

EB3 or employment-based visas are green visas provided by the US federal government to foreign nationals who can stay and work in the US and also avail of permanent residency. Unlike EB1 and EB2, the requirements for EB3 are less strict as it is the third preference green visa type. However, there are too many criteria to be fulfilled, and to understand the process of the EB-3 Visa, an expert lawyer should be hired to protect you from any misguidance. 

Here is a guide that will take you through the application process.

Who can Apply for EB-3 Green Card Visas?

A foreign worker needs to qualify the basic requirements that include,

• A valid permanent job offer letter from a US employer.
• Workers should meet the qualifications, experience levels, and requirements mentioned in the job description. 

The US employer has to sponsor your visa and also has to qualify specific criteria,

• The employer has to prove that no US citizen of the same qualification is willing to do the job.
• The employer should be financially stable to afford the sponsorship of the worker and can pay the foreign worker. 

Application Process of EB3 Green Visas

The application process for obtaining EB3 green visas starts from both sides. The US employer takes the first step by filing the petitions and obtaining labor certification in the US. After these petitions are approved, the worker can apply for a visa at the US embassy in their home country. 

Here is the step-by-step process for applying for the visa,

• Obtaining the Labor Certification– The employer has to go through the PREM or permanent labor certification process. In this process, the employer has to file a Form 9089 to the DOL and prove that there is no eligible US citizen for this job who is willing to do the job. After it is approved, the employer can go ahead with the hiring process. 

• Filing a Petition- After obtaining labor certification, the employer can file a petition by filling a form I-140 to the USCIS. The USCIS verifies the employer’s files to see that the employer can pay the foreign worker. The case falls under the NVC(national visa center) if approved. The NVC sends a package to the worker mentioning the case and invoice number for the worker’s reference. 

• Filing Form DS-261- The worker fills this online form to the US embassy in their country. The confirmation has to be sent to the NVC with supporting documents.

• Processing all requirements- The worker needs to complete the medical verification process. You must go through the NVC package, visit one of the mentioned doctors, and complete the medical fitness requirement before permanently shifting to the US.

• Documentation Process- The worker must submit all valid documents, including all employment-related documents, qualification proofs, and identification documents. 

• Visa Interview- The worker will be called for an interview at the US embassy.

After your visa interview and availing of the EB-3 visa, you will receive a package from NVC, which should not be opened under any circumstances. This package has to be shown at the time of arrival in the US, and the immigration officer will decide your entry into the US.