The Green Card Category EB-3: A Pathway for Skilled, Professional, and Unskilled Workers

The EB-3 Green Card is one of the five employment-based immigrant visa categories that provide foreign nationals with a pathway to permanent residency in the United States. It is specifically designed for skilled workers, professionals, and unskilled workers (other workers), making it a popular option for individuals seeking to move to the U.S. for employment opportunities.

In this blog, we’ll explore the key aspects of the EB-3 Green Card, including eligibility requirements, the application process, and the benefits of obtaining permanent residency through this category.

What Is the EB-3 Green Card?

The EB-3 Green Card (Employment-Based Third Preference) allows foreign nationals to become permanent residents (Green Card holders) in the U.S. based on their employment. Unlike other employment-based visas, the EB-3 is open to a wider range of applicants, including skilled and unskilled workers.

This category is divided into three main subcategories:

1. Skilled Workers – Individuals who have at least two years of training or work experience in their field.
2. Professionals – Foreign nationals who hold at least a U.S. bachelor’s degree (or its foreign equivalent) in a relevant field.
3. Unskilled Workers (Other Workers) – Workers who have less than two years of training or experience, typically filling jobs that are not temporary or seasonal.

Key Points:

• Primary Visa Type: EB-3 (Employment-Based Third Preference)
• Eligibility: Skilled, professional, and unskilled workers.
• Pathway: U.S. Green Card (permanent residency).

Eligibility Requirements for the EB-3 Green Card

1. Skilled Workers

To qualify as a skilled worker under the EB-3 category, applicants must meet the following requirements:

• Job Offer: The applicant must have a permanent, full-time job offer from a U.S. employer for a position that requires at least two years of training or work experience.
• Labour Certification: The U.S. employer must obtain a Permanent Labor Certification (PERM) from the U.S. Department of Labor, showing that there are no qualified U.S. workers available for the position.
• Minimum Education: Applicants should demonstrate their education and work experience, including any relevant vocational training.

2. Professionals

For professionals, the eligibility criteria include:

• Job Offer: A permanent and full-time job offer from a U.S. employer is required.
• Bachelor's Degree: Applicants must possess at least a U.S. bachelor's degree or its foreign equivalent, relevant to the position they are applying for. The job must require a bachelor’s degree as the minimum entry-level qualification.
• Labour Certification: Like skilled workers, the U.S. employer must obtain a PERM certification before proceeding with the petition.

3. Unskilled Workers (Other Workers)

For those applying as unskilled workers, the following qualifications are necessary:

• Job Offer: A full-time and permanent job offer from a U.S. employer for a position that requires less than two years of training or experience.
• Labour Certification: The U.S. employer must complete the PERM labour certification to prove that there are no available U.S. workers for the job.

Job Type: The job must not be temporary or seasonal in nature, and the employer must prove that it is a permanent role.

The EB-3 Green Card Application Process

The EB-3 Green Card application process involves several steps that both the employer and the applicant must complete before permanent residency is granted. Here’s a breakdown of the process:

1. Labour Certification (PERM Process)

The first step in the EB-3 process is for the employer to obtain a PERM labour certification from the Department of Labor (DOL). This certification demonstrates that:

• There are no qualified U.S. workers available to fill the position.
• Hiring a foreign worker will not negatively affect the wages and working conditions of U.S. workers.

The employer must conduct recruitment efforts to find U.S. workers for the job and document these efforts in the PERM application.

2. Filing the I-140 Petition

Once the PERM certification is approved, the U.S. employer must file a Form I-140 (Immigrant Petition for Alien Worker) with U.S. Citizenship and Immigration Services (USCIS). This petition establishes that the foreign worker meets the eligibility requirements for the EB-3 visa and that the employer has the financial means to pay the offered wage.

3. Priority Date and Visa Availability

Once the I-140 petition is approved, the applicant must wait for their priority date (the date the PERM application was filed) to become current in the Visa Bulletin. Since the EB-3 category has a limited number of visas available each year, applicants may face a waiting period, especially if they are from countries with high demand for immigrant visas, such as India and China.

4. Adjustment of Status or Consular Processing

Once the priority date becomes current, applicants can proceed to the final step:

• Adjustment of Status (Form I-485): For applicants already in the U.S. on a temporary visa, they can file Form I-485 to adjust their status to permanent residency.
• Consular Processing: For applicants outside the U.S., they must go through consular processing at a U.S. embassy or consulate to obtain their Green Card.

Benefits of the EB-3 Green Card

The EB-3 Green Card offers several key benefits, making it an attractive option for foreign workers:

1. Permanent Residency

Successful EB-3 applicants receive permanent residency, allowing them to live and work in the United States indefinitely. Green Card holders can change employers after a reasonable period, pursue new career opportunities, and enjoy the rights and privileges of U.S. residency.

2. Pathway to Citizenship

After holding a Green Card for five years, EB-3 recipients are eligible to apply for U.S. citizenship, provided they meet all naturalisation requirements, including good moral character, residency, and proficiency in English and U.S. civics.

3. Work and Travel Flexibility

Green Card holders can travel freely in and out of the U.S. and work for any employer in the U.S. after fulfilling initial job commitments with their sponsoring employer.

4. Family Benefits

EB-3 visa holders can sponsor their immediate family members (spouse and unmarried children under 21) to join them in the U.S. as dependents. Family members also gain permanent residency status.

Challenges and Considerations

1. Long Waiting Times

One of the major drawbacks of the EB-3 Green Card category is the potential for long waiting periods, especially for applicants from countries with high visa demand, such as India and China. The limited number of EB-3 visas issued each year means that applicants from these countries may face several years of waiting.

2. Labour Market Test Requirements

The PERM process requires U.S. employers to show that no qualified U.S. workers are available for the position. This can be a challenging and time-consuming process for employers and may delay the EB-3 application process.

3. Financial Responsibility

Employers sponsoring foreign workers must demonstrate their ability to pay the prevailing wage for the offered position. Additionally, any fees associated with the PERM process, I-140 petition, and legal services are the employer’s responsibility.

Conclusion

The EB-3 Green Card offers a valuable opportunity for skilled, professional, and unskilled workers to obtain permanent residency in the United States. While the process can be lengthy, particularly for applicants from certain countries, the benefits of obtaining a Green Card—including the right to live, work, and eventually apply for U.S. citizenship—make the EB-3 a popular choice for foreign nationals seeking a future in the U.S.Whether you are a professional with a bachelor's degree or a skilled or unskilled worker, the EB-3 Green Card can provide a secure pathway to permanent residency and a bright future in America.

Remember:

This post is for general informational purposes only and is not a substitute for professional immigration advice. Given the uniqueness of every case, engaging with a registered migration agent is highly recommended for bespoke guidance and to navigate the specific details of your situation effectively. Book a visa consultation with a Registered Migration Agent

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