How Do You Get an EB-3 Visa for Work in the U.S.?

The employment-based immigration: third preference (EB-3) is one of many visa types that allows professional and skilled workers to come to the United States.

What constitutes this type of employee, though? Do you need to have a job offer in hand to qualify for this visa? And, what about your family members. Do they also qualify for a visa?

We’ll answer these questions (and more) about the EB-3 visa below.

Which Workers Qualify for an EB-3 Visa?

Professionals, skilled workers and other workers can apply for the EB-3 visa. The distinction between these workers who may qualify for an EB-3 visa is as follows:

• Professionals: These are individuals who are already members of their profession and work in a field requiring a bachelor’s degree or higher
• Skilled workers: Someone who has acquired post-secondary training or education in an industry that’s not seasonal or short-term in nature
• Other workers: Anyone who is interested in assuming an unskilled labor role that doesn’t require them to complete two years’ training

Each worker described above must be coming to the United States to perform work that there aren’t qualified workers already in the United States willing or able to perform the same duties.

In each situation, a worker must have both a permanent, full-time job offer and certification in hand to be eligible for an EB-3 employment visa.

How Do You Obtain a Labor Certification?

You generally must procure a Form ETA-9089 from the U.S. Department of Labor before submitting your EB-3 visa application to the U.S. Citizenship and Immigration Service (USCIS). There are some rare instances where the USCIS may allow you to turn in an ETA-9089 that hasn’t been certified. This exception generally applies to immigrants employed in schedule A, Group 1 occupations, including professional nurses and physical therapists.

Is Your Family Able to Join You as an EB-3 Visa Holder?

There’s a possibility that your spouse and unmarried children age 21 and under may qualify for one of the following visas to also come to the United States after your I-140 petition’s approval:

• E34 or E35 visas: Reserved for spouses and children of either professional or skilled workers may be eligible for these
• EW4 or EW5 visas: Unmarried sons and daughters or husbands and wives of other workers may qualify for these

How Do I Get Started in Applying for an EB-3 Visa?

The first step you’ll need to take when seeking an EB-3 visa is to have your employer complete an Immigrant Petition for Alien Workers (also known as Form 1-140). The company petitioning to bring you here will need to provide supporting evidence on the form that they can pay you the wages they’re offering you. An employment immigration lawyer may advise you that your employer has to submit the following documents to immigration officials as proof of this:

• Federal tax returns
• Audited financial statements
• Their annual report

It’s essential to ensure that you’re filing for the correct visa class in your particular scenario. It’s also critical that you follow the appropriate procedures, including providing the proper supporting documentation to give yourself the best shot of a visa application getting approved. An immigration lawyer may advise you that delays or a rejection of your application can occur if you do not.