What is the EB3 Visa and How to Obtain It?

By Ergul Celiksoy, Immigration Attorney at CK Law Firm

The EB3 visa is an immigrant visa for qualified foreign workers who wish to work in the United States. This visa opens the path to obtaining a Green Card, allowing individuals to live and work permanently in the U.S. In this article, you will find answers to the most frequently asked questions about the EB3 visa, including:

• What is the EB3 Visa?
• What are the Advantages of the EB3 Visa?
• Who Can Apply for the EB3 Visa?
• How to Obtain the EB3 Visa?

If you have any other questions regarding the EB3 visa, please do not hesitate to contact me through the comment section below this article, by sending me a message directly on LinkedIn, or through the CK Law Firm Immigration Attorney Firm’s website, where I am a co-founder.

What is the EB3 Visa?

The EB3 visa is an immigrant visa offered to foreign nationals who wish to live and work permanently in the United States. The EB3 visa is obtained through employer sponsorship and is a process that results in a Green Card. The EB3 visa is known as the third preference category of Employment-Based Immigration. This category aims to employ foreign workers for positions in the U.S. labor market that are in demand but cannot be filled by U.S. citizens. The EB3 visa is divided into three main subcategories:

• Skilled Workers: This category includes individuals who can work in occupations requiring at least two years of education or work experience. Examples include engineers, technicians, or those specialized in a particular trade.
  
• Professionals: This category includes individuals who have at least a bachelor’s degree (or equivalent) and a valid job offer in the U.S. Examples include doctors, lawyers, teachers, and engineers.
  
• Unskilled Workers: This category includes individuals who will work in jobs that are in demand in the U.S. labor market but do not require specific skills. These jobs typically include sectors like agriculture, maintenance, cleaning, manufacturing, or other low-skill sectors.

What are the Advantages of the EB3 Visa?

• Permanent Residence and Work Permit: EB3 visa holders have the right to live and work permanently in the U.S., allowing them to work in any job.
  
• Visa for Family Members: The spouse and unmarried children under 21 of EB3 visa holders can also come to the U.S. and obtain legal residence and work rights.
  
• Path to U.S. Citizenship: EB3 visa holders have the right to apply for U.S. citizenship after residing legally in the U.S. for a certain period.

Who Can Apply for the EB3 Visa?

Skilled Workers

Skilled workers are individuals who have at least two years of education, experience, or equivalent work experience in a specific professional field. To apply under this category, the following conditions must be met:

• Vocational Training or Experience: The applicant must have at least two years of work experience in a specific occupation. This experience may be supported by education or be direct work experience.
• Qualified Job Offer: The applicant must have a valid job offer from an employer in the U.S. The job offer must be for a position in which the applicant is qualified as a skilled worker.
• U.S. Department of Labor Approval: The employer must obtain approval from the U.S. Department of Labor to hire the applicant. This approval is obtained through the PERM (Program Electronic Review Management) process.

Professionals

The Professionals category includes individuals who have at least a bachelor’s degree (or foreign equivalent) and a valid job offer in the U.S. To apply under this category, the following conditions must be met:

• Education Requirement: The applicant must have at least a bachelor’s degree in the required field for the job position.
• Job Offer: The applicant must have a valid job offer from an employer in the U.S. for a professional position.
• U.S. Department of Labor Approval: Similar to skilled workers, the employer must obtain approval from the U.S. Department of Labor through the PERM process.

Unskilled Workers

The Unskilled Workers category includes individuals who will work in jobs that are in demand in the U.S. labor market but do not require specific skills. To apply under this category, the following conditions must be met:

• No Experience or Education Requirement: There is no specific job experience or education requirement to apply in this category.
• Job Offer: The applicant must have a valid job offer from an employer in the U.S. for an unskilled labor position.
• U.S. Department of Labor Approval: The employer must obtain approval from the U.S. Department of Labor through the PERM process.

How to Obtain the EB3 Visa?

Employer Sponsorship Processa.

Obtaining a Job Offer: The first and most important step for the EB3 visa is obtaining a valid job offer from an employer in the U.S. The employer must provide the applicant with an official job offer to work in the U.S.b.

Labor Certification Application (PERM): The employer must apply for a labor certification from the U.S. Department of Labor. This process is known as PERM. The PERM process is necessary to prove that the employer could not find a suitable U.S. citizen or permanent resident for the job position.

Filing Form I-140a

I-140 Immigration Petition: After successfully completing the PERM process, the employer submits Form I-140 to USCIS (United States Citizenship and Immigration Services). This form declares that the employer intends to hire the applicant and that the applicant meets the job requirements.b.

Approval of the Application: If the I-140 application is approved by USCIS, the applicant receives an approval number. However, due to a quota for EB3 visas, there is a limited number of visas issued each year.

Visa Application and Green Card Processa.

Visa Application (DS-260): If the applicant is outside the U.S., they apply for a visa using Form DS-260 through a U.S. consulate.b.

Application for Adjustment of Status (Form I-485): If the applicant is already in the U.S., they can apply for a status adjustment using Form I-485.c.

Obtaining the Immigrant Visa: After the application is approved, the applicant can enter the U.S. as an immigrant.

Obtaining the Green Card

After entering the U.S., the applicant and eligible family members receive a permanent resident card (Green Card).

Conclusion

The EB3 visa offers a significant opportunity for individuals who wish to live and work permanently in the United States. However, the process can be complex and lengthy. Therefore, it may be beneficial to seek assistance from an immigration attorney to ensure that each step is completed accurately and successfully.

You can contact me directly via LinkedIn or through the CK Law Firm Immigration Attorney Firm’s website.

Who is Attorney Ergül Çeliksoy?

Attorney Dr. Ergül Çeliksoy is the co-founder of CK Law Firm and also serves as an Assistant Professor of Law at the University of Nottingham. With extensive experience in U.S. immigration law, Dr. Çeliksoy completed his master’s degree in international law and human rights at the University of Nottingham in 2017 before beginning his Ph.D. studies at the same university. Dr. Çeliksoy earned his Ph.D. in law at the University of Nottingham School of Law in 2022, marking a significant milestone in his academic career. He is a recognized academician with expertise in modern slavery, criminal justice, and criminal law, with publications in leading academic journals.

As a member of the California Bar, Dr. Çeliksoy provides outstanding service to his clients, particularly in U.S. immigration law cases. His knowledge and experience in immigration law are valuable assets to CK Law Firm’s practice in this field. Dr. Çeliksoy offers comprehensive and strategic solutions to his clients in immigration law cases, helping them secure their legal status in the U.S. His deep understanding of human rights and immigration processes, along with his expertise in modern slavery and criminal law, enables him to effectively address the complex legal issues faced by immigrants. By offering reliable and effective legal counseling services, Dr. Çeliksoy helps his clients build new lives in the U.S.