The EB-3 visa is a valuable pathway for individuals looking to work and live in the United States through employment-based immigration. This visa is designed to cater to different types of workers, including unskilled workers who seek employment in roles that require less than two years of experience or training. For those looking to secure a stable future in the U.S., the EB-3 visa offers a clear route to permanent residency and eventual U.S. citizenship.
In this blog, we will explore the EB-3 visa for unskilled workers, the eligibility criteria, the types of industries and jobs available, the employer’s obligations, the application process, and the opportunities for family members to accompany the visa holder.
Overview of the EB-3 Visa for Unskilled Workers
The EB-3 visa is part of the U.S. immigration system’s third preference employment-based visa category, providing a way for foreign workers to live and work in the United States. It covers three categories of workers: skilled workers, professionals, and unskilled workers. The focus of this blog is on the opportunities available for unskilled workers under the EB-3 visa.
Unskilled workers, for the purpose of the EB-3 visa, are defined as individuals who take on roles that require less than two years of training or work experience. Unlike other employment-based visas that target high-skilled professionals, the EB-3 visa unskilled worker jobs cater to those seeking positions that are essential but do not require extensive formal education or specialized skills. This category allows foreign nationals to pursue permanent residency (a Green Card) in the United States, opening doors to long-term employment and family reunification.
Also Read: What are EB1A, EB1B, EB1C Visas?
Eligibility Criteria for Unskilled Workers
To qualify for the EB-3 visa unskilled worker jobs, applicants must meet certain eligibility requirements:
- Job Requirements: The applicant must be capable of performing unskilled labor that requires less than two years of training or experience. This excludes jobs that are temporary or seasonal.
- Job Offer: A valid job offer from a U.S. employer is mandatory. The employer must demonstrate that there are no qualified U.S. workers available for the position, which is typically established through a labor certification process.
- Labor Certification: Before applying for the EB-3 visa, the employer must obtain a PERM labor certification from the U.S. Department of Labor (DOL). This certification confirms that the employer has made efforts to recruit U.S. workers and found none who are willing or able to fill the position. If a US worker applies to the position, then the Perm Dies.
- Employer’s Responsibilities: The employer must prove their ability to pay the offered wage, which should meet the prevailing wage for the occupation in the specific geographic area. The prevailing wage can be checked using the Flag System.
- Documentation: The application process includes filing Form I-140, Immigrant Petition for Alien Workers, after obtaining the labor certification. This form establishes eligibility and must be accompanied by necessary supporting documentation.
- Family Inclusion: If approved, the visa holder can bring eligible family members (spouse and unmarried children under 21) to the U.S.
These criteria ensure that unskilled workers have a legitimate job offer and that their employment will not adversely affect U.S. labor markets.
Securing the right guidance from legal experts, such as those at the Law Offices of Sweta Khandelwal, can ensure your application meets all requirements and documentation.
Industries and Roles for Unskilled Workers
There are a wide variety of industries in the U.S. that offer EB-3 visa unskilled worker jobs. These sectors often face labor shortages and rely on foreign workers to fill essential roles.
- Hospitality Industry: The hospitality sector, including hotels and resorts, frequently hires unskilled workers for roles such as housekeeping, janitorial services, and maintenance staff. These positions are critical to maintaining the smooth operation of large hospitality establishments.
- Agriculture: The U.S. agricultural industry offers many EB-3 visa unskilled worker jobs. Workers are needed for tasks like planting, harvesting, packing produce, and general farm labor. Agriculture is a labor-intensive industry, and foreign workers often help meet the demand for manual labor in the sector.
- Construction: The construction industry consistently seeks unskilled workers for positions such as laborers, helpers, and assistants on job sites. These workers perform physically demanding tasks and support skilled tradespeople to ensure projects are completed efficiently.
- Manufacturing and Assembly Line Work: Manufacturing companies hire unskilled workers to perform various tasks on assembly lines, such as sorting, packing, and operating simple machinery. These jobs are essential to maintaining production schedules in factories across the country.
- Landscaping and Groundskeeping: Landscaping companies and property management firms often employ unskilled workers for tasks like mowing lawns, trimming bushes, and maintaining outdoor spaces. These positions are in high demand, particularly during warmer months.
Also Read: Filing an I-130 for Spouse Green Card Process and Procedures
Key Requirements for Employers
Employers who wish to hire foreign workers for EB-3 visa unskilled worker jobs must meet certain requirements to ensure compliance with U.S. immigration laws.
To sponsor an unskilled worker for the EB-3 visa, U.S. employers must meet several key requirements throughout the application process. Here are the primary responsibilities and steps involved:
- Valid Job Offer: The employer must extend a valid job offer to the foreign worker for a permanent position that requires less than two years of training or experience.
- Labor Certification: The employer must obtain a PERM labor certification from the U.S. Department of Labor (DOL). This certification confirms that there are no qualified U.S. workers available for the job and that hiring a foreign worker will not adversely affect U.S. wages or working conditions.
To secure this certification, the employer must:
- Conduct a recruitment process compliant with DOL regulations, including advertising the job in appropriate venues and interviewing U.S. candidates.
- Submit ETA Form 9089, detailing job duties, wages, and recruitment efforts.
- Prevailing Wage Requirement: The employer must pay the foreign worker at least the prevailing wage for the position, as determined by a Flag system by SOC Level/Codey.
- Employer-Employee Relationship: There must be a legitimate employer-employee relationship, meaning the employer can supervise and pay the worker.
- Financial Capability: The employer must demonstrate their ability to pay the offered wage, which is often shown through financial statements or tax returns submitted with the I-140 petition.
- Filing Form I-140: After obtaining labor certification, the employer must file Form I-140, Immigrant Petition for Alien Worker, with USCIS to establish the foreign worker’s eligibility for the EB-3 visa.
- Compliance with Regulations: Employers must ensure compliance with all relevant immigration laws and regulations throughout the process to avoid any legal issues that could jeopardize the application.
These requirements ensure that the hiring of foreign workers does not negatively impact U.S. labor markets while allowing employers to fill positions that remain unfilled by domestic workers.
Employers may benefit from consulting immigration specialists, such as the Law Offices of Sweta Khandelwal, to ensure they meet all compliance requirements smoothly and avoid any potential pitfalls.
Process for Securement and Application
To secure an EB-3 visa as an unskilled worker, both the foreign worker and the U.S. employer must follow a structured process. Here’s a step-by-step outline of the procedure:
Step 1: Job Offer and Employer Responsibilities
- Find a Job: The foreign worker must secure a job offer from a U.S. employer willing to sponsor them for the EB-3 visa.
- Labor Certification: The employer must obtain a PERM labor certification from the U.S. Department of Labor (DOL). This involves:
- Conducting recruitment efforts to prove that no qualified U.S. workers are available for the position.
- Submitting ETA Form 9089 to the DOL, detailing job duties, wages, and recruitment efforts. The employer must be able to demonstrate a continuing ability to pay the offered wage as of the priority date.
Step 2: Filing the Immigrant Petition
- Form I-140 Submission: After receiving labor certification, the employer files Form I-140, Immigrant Petition for Alien Worker, with USCIS. This form establishes the foreign worker’s qualifications and confirms the employer’s intent to hire them.
- Supporting Documentation: The petition must include evidence that the employer can pay the offered wage and that all requirements for the job have been met.
Step 3: Visa Application
- If Outside the U.S.: The foreign worker applies for an immigrant visa at a U.S. consulate by submitting Form DS-260, Immigrant Visa Application.
- If Inside the U.S.: The worker may apply for adjustment of status using Form I-485, Application to Register Permanent Residence or Adjust Status.
Step 4: Attend Visa Interview
After applying, the foreign worker will be scheduled for a visa interview at the U.S. consulate or embassy. During this interview, officials will review documents and assess eligibility.
Step 5: Receive Visa and Travel to the U.S.
If approved, the foreign worker will receive their visa and can travel to the United States. Upon entry, they will be granted lawful permanent resident status.
Timeline and Costs
The entire process can take 2 to 3 years, depending on various factors such as processing times for labor certification and petitions. Costs associated with obtaining an EB-3 visa typically range from $28,000 to $40,000, which includes fees for labor certification, petitions, and consular processing.
This structured approach ensures compliance with U.S. immigration laws while allowing employers to fill positions that remain unfilled by domestic workers.
Also Read: How To Apply for a Marriage Green Card in the United States? A Step-by-Step Guide
Family Considerations
The EB-3 visa is not just beneficial to the individual worker; it also offers opportunities for family members to accompany them to the U.S. as dependents.
- Eligibility of Family Members
Immediate Family: The EB-3 visa allows the principal applicant to bring their spouse and unmarried children under the age of 21 to the U.S. as derivative beneficiaries. They can apply for their visas, which are categorized as:
- EW-4 Visa for spouses of an “other worker
- EW-5 Visa for children of an “other worker”
- Permanent Residency
Upon approval of the EB-3 visa, both the worker and their eligible family members receive permanent resident status simultaneously. This grants them the right to live and work in the U.S. permanently.
- Employment Authorization
Spouses of EB-3 visa holders can apply for an Employment Authorization Document (EAD), allowing them to work in the U.S. while waiting for their green card application process to complete.
- Educational Opportunities
Children accompanying the EB-3 visa holder can attend school in the U.S., providing them access to educational opportunities during their stay.
- Adjustment of Status
Once in the U.S., family members can also apply for adjustment of status if they wish to change their immigration status or seek permanent residency independently.
- Pathway to Citizenship
After maintaining permanent residency for five years, both the primary applicant and their family members may be eligible to apply for U.S. citizenship, further solidifying their status in the country.
- Application Process
Family members must be included in the initial EB-3 visa application or can apply later through forms like Form I-485 once the principal applicant has obtained their visa.
These considerations highlight how the EB-3 visa not only facilitates employment opportunities for unskilled workers but also supports family unity by allowing immediate family members to join and thrive in the United States.
Understanding family eligibility and the application process can often require detailed legal advice. The Law Offices of Sweta Khandelwal can provide expert guidance to ensure family unity is maintained during your U.S. transition.
Considerations of Duration and Costs
The EB-3 visa is an employment-based immigration option for skilled workers, professionals, and unskilled workers seeking permanent residency in the United States. Understanding the duration and costs associated with the EB-3 visa process is crucial for potential applicants.
Duration of the EB-3 Visa Process
The processing time for an EB-3 visa can vary significantly based on several factors, including the applicant’s country of origin and the specific circumstances of their application. Here are the key stages and their typical durations:
- PERM Labor Certification: This initial step usually takes about 10 months if there are no audits. Employers must demonstrate that they have attempted to hire U.S. workers without success before sponsoring a foreign worker.
- Form I-140 Petition: The processing time for this form generally ranges from 6 to 9 months. Applicants can opt for premium processing, which expedites this step to 15 calendar days.
- Visa Availability Wait Time: After approval of the I-140 petition, applicants may need to wait for a visa number to become available. This wait can be anywhere from 0 to over 10 years, depending on the applicant’s country and demand for EB-3 visas. This information can be checked by the Visa Bulletin.
- Adjustment of Status or Consular Processing: If applying from within the U.S., the adjustment of status (Form I-485) typically takes about 9 months. For those applying from abroad, consular processing may take a similar timeframe.
Overall, the entire EB-3 visa process can take between 1 to 3 years, but it may extend longer for applicants from countries with high demand.
Costs Associated with the EB-3 Visa
The costs involved in obtaining an EB-3 visa include both government fees and legal fees. Here’s a breakdown:
Government Fees
- For applicants applying within the U.S.:
| Form | Fee |
| Form I-140 | $715 |
| Form I-485 | $1,440 |
| Biometrics | $85 |
- For applicants applying from outside the U.S.:
| Form | Fee |
| Form I-140 | $715 |
| Form DS-260 | $345 |
| Form I-864 | $0 |
| Biometrics | $85 |
Legal Fees
Legal fees for hiring an immigration attorney can vary widely. Some firms charge upwards of $7,995 (approx) for assistance with the EB-3 visa process, which may include payment plans over several months. Employers are generally responsible for costs related to the PERM labor certification process, while employees may cover fees associated with USCIS forms like I-140 and I-485.
Legal fees at the Law Office Sweta Khandelwal are reasonable and offer competitive pricing according to other Silicon Valley law firms with top-notch experience.
Conclusion
The EB-3 visa unskilled worker jobs offer a viable pathway for foreign nationals seeking employment in the U.S. across various industries, including hospitality, agriculture, construction, manufacturing, and landscaping. The opportunity to obtain permanent residency and bring family members along makes the EB-3 visa particularly attractive to unskilled workers. While the application process can be lengthy and expensive, the benefits of securing a stable future in the U.S. are well worth the effort. Applicants are encouraged to seek professional guidance to navigate the EB-3 visa process successfully and ensure compliance with all legal requirements.
Sweta Khandelwal, an immigration attorneys have the skills and background to guide foreign workers and companies through the complex, meticulous requirements of filing for an employment-based green card.
In order to increase your chances of obtaining an EB-3 green card, contact the law offices of Sweta Khandelwal right now.
