The EB-3 visa is a type of employment-based immigrant visa that allows foreign workers to obtain permanent residency in the United States. The visa is typically for skilled workers, professionals, and other workers. To qualify for the EB-3 visa, an employer (sponsor) in the U.S. must offer a full-time, permanent job to the applicant.
Here are the main types of workers who qualify for the EB-3 Visa Sponsor
- Skilled Workers: Individuals with at least two years of experience or training in a specific field.
- Professionals: Individuals who hold a U.S. bachelor's degree or a foreign equivalent in a professional field, and their job requires such a degree.
- Other Workers: Individuals performing unskilled labor that requires less than two years of experience or training.
For an EB-3 visa sponsor to sponsor an employee, they must go through the following steps:
1. Labor Certification (PERM)
The U.S. employer must obtain a labor certification from the U.S. Department of Labor (DOL). This process ensures that there are no qualified U.S. workers available to fill the position.
2. Petition (Form I-140)
After obtaining labor certification, the employer files Form I-140, Immigrant Petition for Alien Worker, with U.S. Citizenship and Immigration Services (USCIS). This petition demonstrates that the employer has a permanent job available and that the employee meets the qualifications for the position.
3. Adjustment of Status (Form I-485) or Consular Processing
Once the I-140 petition is approved, the employee can either adjust status to become a U.S. permanent resident (if already in the U.S.) or apply for an immigrant visa through a U.S. consulate (if outside the U.S.).
The employer plays a central role in the petition process and must provide necessary documentation to support the application. It is essential for the sponsor to prove that they can pay the offered wage to the worker and that they have the ability to maintain the position for the applicant.
