The EB-3 visa is a U.S. employment-based immigrant visa that provides foreign nationals the opportunity to live and work in the United States. It is specifically designed for three categories of workers: skilled workers, professionals, and unskilled workers. Each category has its eligibility criteria, but all require sponsorship from a U.S. employer. Understanding the application process and the associated EB-3 visa costs is crucial for both applicants and employers.
This blog will dive into the detailed requirements for each worker category, explain the application process, and break down the costs involved in securing an EB-3 visa.
EB-3 Visa Eligibility
The EB-3 visa has three distinct subcategories based on the worker’s qualifications and the nature of the job they are applying for:
1. Skilled Workers (EB-3A)
Skilled workers are individuals with at least two years of job experience or specialized training. The job must require a minimum of two years of experience, and the applicant must demonstrate that they possess the necessary skills to perform the work. Skilled workers are a vital part of industries such as healthcare, engineering, and manufacturing, where specialized skills are essential. You must be performing work for which qualified workers are not available in the United States.
2. Professionals (EB-3B)
Professionals under the EB-3 visa category must hold at least a U.S. baccalaureate degree or a foreign equivalent. The position they are applying for must require a bachelor’s degree as a minimum qualification. This category is popular among professionals in fields like accounting, education, and information technology. Applicants must prove their educational qualifications, making it clear that the job cannot be filled by someone without the appropriate degree. You must be performing work for which qualified workers are not available in the United States.
3. Unskilled Workers (EB-3C)
Unskilled workers are those whose job requires less than two years of experience or training. The work, however, must be full-time and not of a temporary or seasonal nature. This category is aimed at filling labor shortages in industries such as agriculture, hospitality, and food services. Despite being labeled as “unskilled,” these positions are critical to the U.S. economy.
Also Read: What are EB1A, EB1B, EB1C Visas?
EB-3 Visa Requirements
To qualify for the EB-3 visa, several requirements must be met, primarily involving both the U.S. employer and the foreign national. These requirements are strict and must be followed closely to avoid delays or denials in the visa process.
1. Job Offer
The most essential requirement for an EB-3 visa is a valid, permanent job offer from a U.S. employer willing to sponsor the foreign national. The job must be full-time and the employer must be able to prove that they are capable of paying the prevailing wage for the role.
2. PERM Certification
Before filing for the EB-3 visa, the employer must obtain a PERM (Program Electronic Review Management) labor certification from the U.S. Department of Labor. This certification is crucial as it demonstrates that there are no qualified U.S. workers available to fill the position. The employer must prove that they conducted an exhaustive recruitment process and were unable to find an eligible U.S. citizen or lawful permanent resident to take the job.
3. Employer Obligations
U.S. employers are responsible for a significant portion of the EB-3 visa process. They must provide supporting documentation to show their ability to sponsor a foreign worker, including financial statements and proof of the job offer. Additionally, they must offer wages that meet or exceed the prevailing wage for the region where the job is located. Meeting these obligations is essential to a successful EB-3 application.
Securing a strong job offer is crucial, and having a seasoned immigration lawyer like Sweta Khandelwal might enhance the documentation process to satisfy U.S. employer requirements.
EB-3 Visa Application Process
The EB-3 visa application process involves multiple steps, beginning with the employer’s efforts to secure labor certification and ending with the applicant receiving their visa. This section outlines the main phases of the process.
1. Labor Certification
The first step in the EB-3 visa process is obtaining PERM labor certification from the U.S. Department of Labor. This certification ensures that there are no qualified U.S. workers available for the position and that hiring a foreign national will not adversely affect U.S. workers’ wages and working conditions. The labor certification process can take several months, depending on the complexity of the case and current processing times.
2. Employer Petition (Form I-140)
Once the labor certification is approved, the employer must file Form I-140, Immigrant Petition for Alien Worker, with U.S. Citizenship and Immigration Services (USCIS). This petition is essentially the employer’s formal request to sponsor a foreign worker for a permanent position. The form must be submitted with the appropriate fee and supporting documentation to prove the applicant’s eligibility.
3. Priority Date
After submitting Form I-140, the applicant will receive a priority date, which determines their place in the visa queue. The priority date is based on the date the labor certification or Form I-140 is filed. Applicants cannot proceed to the next stage of the process until their priority date becomes current, as determined by the U.S. Department of State’s Visa Bulletin.
4. Visa Availability and Wait Times
The U.S. government places annual limits on the number of EB-3 visas issued. As a result, applicants from countries with high demand, such as India and China, often face longer wait times than those from countries with lower demand. Visa availability is updated monthly in the Visa Bulletin, which outlines which applicants are eligible to apply based on their priority dates.
5. Adjustment of Status or Consular Processing
Once the priority date becomes current, applicants can either file for Adjustment of Status (Form I-485) if they are already in the U.S. or undergo consular processing if they are outside the U.S. Adjustment of Status allows applicants to remain in the U.S. while their green card application is processed. Consular processing, on the other hand, requires the applicant to attend an interview at a U.S. embassy or consulate in their home country.
Also Read: Filing an I-130 for Spouse Green Card Process and Procedures
EB-3 Visa Application Costs
The EB-3 visa cost can vary depending on the applicant’s location, whether premium processing is used, and the fees charged by legal representatives. Below is a breakdown of the typical EB-3 visa costs:
1. Form I-140 Filing Fee (Employer)
The Form I-140 filing fee is $715, and it must be paid by the employer. This fee is non-refundable, regardless of the petition’s outcome. Employers may also opt for premium processing, which costs an additional $2,805 and guarantees a response from USCIS within 15 calendar days.
2. Form I-485 Filing Fee (Applicant within the U.S.)
For applicants already in the U.S., Form I-485, Application to Register Permanent Residence or Adjust Status, is required. The filing fee is $1,440, plus an additional $85 for biometrics services. This fee allows the applicant to adjust their status without leaving the country.
3. Form DS-260 Filing Fee (Applicant outside the U.S.)
If the applicant is outside the U.S., they must file Form DS-260, Immigrant Visa Electronic Application, as part of consular processing. The fee for this form is $345, with an additional $85 for biometrics services. Consular processing also requires the applicant to attend an interview at the U.S. embassy or consulate in their home country.
4. Additional Costs
In addition to the EB-3 visa cost for the forms, applicants should be prepared for additional expenses, such as medical examination fees, travel expenses, and legal fees. Legal fees for EB-3 applications typically range between $3,000 and $4,000, depending on the complexity of the case and the services provided by the attorney.
Understanding the full scope of potential costs with the guidance of a knowledgeable immigration attorney like Sweta Khandelwal can help you budget effectively and avoid unexpected expenses, contact us today to find out.
Conclusion
The EB-3 visa provides foreign nationals with a unique opportunity to live and work in the United States across three distinct categories: skilled workers, professionals, and unskilled workers. While the application process can be complex and time-consuming, it is a reliable pathway to permanent residency for many individuals. U.S. employers play a crucial role in the application process by securing labor certification and sponsoring foreign workers.
Understanding the steps involved in the EB-3 visa application, including the costs, can greatly improve the chances of success. With form fees, legal expenses, and other associated costs, the total EB-3 visa cost can range from $10,000 to $20,000. However, the potential benefits for both the worker and the employer—such as filling labor shortages and gaining access to skilled talent—make the investment worthwhile.
Whether you are an employer looking to sponsor a foreign worker or an applicant hoping to secure an EB-3 visa, familiarizing yourself with the requirements, application process, and EB-3 visa cost is essential to navigating this pathway to the United States.
If you need expert legal assistance with your EB-3 visa application or any immigration-related matter, The Law Offices of Sweta Khandelwal is here to help. Sweta Khandelwal is an experienced immigration attorney with over 18 years of practice. Her firm offers comprehensive services in business immigration, family immigration, visas, green cards, and citizenship matters.
Contact The Law Offices of Sweta Khandelwal today for personalized guidance through your immigration journey.
Disclaimer
Please note that the prices listed for visa services are estimates and may vary in real-time. We recommend consulting the official government websites or other authoritative resources for the most up-to-date pricing information. These estimates do not constitute a guarantee of costs, and fees may change without notice.
