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What is an Employment-Based Third Preference (EB3) visa?

The EB3 visa (Employment-Based Third Preference) is a permanent residency pathway for skilled workers, professionals, and unskilled workers who have a job offer from a U.S. employer. Unlike higher preference categories that require advanced degrees or exceptional abilities, the EB3 category is accessible to a broader range of workers, making it one of the most widely used employment-based immigration options.

The EB3 visa process requires labor certification (PERM), where the employer must prove that no qualified U.S. workers are available for the position. Once approved, it leads to permanent residency (green card) status, allowing you and your eligible family members to live and work in the United States permanently.

The EB3 category is divided into three subcategories:

• EB3-A: Professionals with bachelor's degrees
• EB3-B: Skilled workers requiring at least two years of training or experience
• EB3-C: Unskilled workers (also called "other workers") for positions requiring less than two years of training

As a permanent residency option, the EB3 leads to a green card, which is valid for 10 years and renewable, providing a stable, long-term immigration solution for workers (and their families) across various skill levels.

Who is the EB3 visa for?

The EB3 visa serves a diverse range of workers across multiple industries and skill levels:

• Skilled workers in trades and technical fields requiring at least two years of training or experience, such as electricians, mechanics, technicians, and craftspeople
• Unskilled workers for positions requiring less than two years of training, including food service workers, construction laborers, and various service industry roles
• Professionals with bachelor's degrees in fields like accounting, teaching, engineering, and healthcare
• Managers and executives who may not qualify for higher preference categories but have job offers for permanent positions

The EB3 category's broader eligibility requirements make it accessible to many workers who might not qualify for the more restrictive EB1 or EB2 categories, though processing times are typically longer due to higher demand and annual visa limits.

Requirements for an EB3 visa

To qualify for an EB3 visa, several key requirements must be met:

1. Job Offer: You must have a permanent, full-time job offer from a U.S. employer willing to sponsor your green card.
2. Labor Certification (PERM): Your employer must obtain certification from the Department of Labor confirming that:t
   1. The offered wage meets or exceeds the prevailing wage for the position in that geographic area
   2. No qualified U.S. workers are available for the position, as demonstrated through a specific recruitment process
   3. Hiring a foreign worker won't adversely affect U.S. workers' wages or working conditions
3. Qualifications: You must meet the qualifications for your specific EB3 subcategory:
   1. For professionals: Bachelor's degree or foreign equivalent relevant to the position
   2. For skilled workers: Minimum two years of job-related training or experience
   3. For unskilled workers: Ability to perform unskilled labor requiring less than two years of training
4. Employer Requirements: Your employer must demonstrate the ability to pay the offered wage from the time the labor certification is filed until you obtain permanent residency.

Your attorney will help ensure that both you and your employer meet these requirements and that all necessary documentation is properly prepared and submitted.

Do you need an attorney for an EB3 visa?

While it's legally possible to navigate the EB3 process without an attorney, working with an experienced immigration attorney is highly recommended due to the complexity of the multi-stage process. The EB3 category involves labor certification (PERM), which has specific regulatory requirements and procedural nuances that can be challenging to navigate without niche expertise in immigration law.

An immigration attorney can:

• Guide employers through the labor market test and PERM process
• Ensure job descriptions and requirements comply with Department of Labor standards
• Manage the recruitment process and documentation
• Prepare and file Form I-140 (Immigrant Petition) with proper supporting evidence
• Handle the adjustment of status or consular processing steps
• Address any challenges or requests for evidence that arise

For employers, the PERM process involves specific recruitment requirements and documentation that must be handled precisely. For foreign nationals, the stakes are high - errors in the process can lead to delays or denials that affect your ability to obtain permanent residency. Professional guidance helps ensure the process proceeds as smoothly as possible.

When should you hire an attorney for an EB3 visa?

The ideal time to consult with an immigration attorney is at the very beginning of the EB3 process, before initiating the labor certification (PERM) process. The PERM requires careful planning and specific steps that must be followed in the correct order.

Employers should consider speaking with an EB3 attorney:

• When identifying potential foreign talent to hire permanently
• Before committing to sponsorship
• When developing job descriptions and requirements
• Before beginning the recruitment process

Foreign nationals should seek legal advice:

• When discussing permanent employment opportunities with U.S. employers
• Before accepting job offers that involve green card sponsorship
• When transitioning from a temporary visa status (like H-1B) to permanent residency
• If you're unsure which employment-based category is most appropriate

Early consultation is particularly important because the labor certification process must be initiated well in advance of any visa expiration dates, as the entire EB3 process can take several years to complete.

Benefits of working with an attorney on your EB3 visa

The EB3 process involves multiple stages and complex requirements. An experienced immigration attorney provides knowledge that helps navigate these challenges effectively.

Strategic guidance through the PERM process

The labor certification (PERM) process is highly regulated, with specific recruitment requirements, timing considerations, and documentation standards. Your attorney will guide your employer through each step, from prevailing wage determination through recruitment and filing, ensuring compliance with Department of Labor regulations. They'll help design appropriate job requirements, conduct proper recruitment efforts, and prepare a complete PERM application that supports approval.

Comprehensive petition preparation

After PERM approval, your attorney will prepare the I-140 Immigrant Petition, gathering and organizing all necessary documentation to establish that both you and your employer meet EB3 requirements. They'll ensure the petition clearly demonstrates your qualifications for the position, your employer's ability to pay the offered wage, and all other eligibility criteria, maximizing the chances of approval.

Navigating the adjustment of status or consular processing

The final stage of the EB3 process involves either adjusting status within the U.S. or processing through a U.S. consulate abroad. Your attorney will prepare you for this phase, helping with forms, documentation, medical examinations, and interview preparation. They'll ensure you understand the requirements and avoid common pitfalls that could delay your green card.

How much does an attorney for an EB3 visa cost?

The cost of an EB3 visa attorney varies based on the complexity of your case and includes both government filing fees and attorney fees.

At Lawhive, we believe in transparent pricing with no hidden costs - we don't charge by the hour like traditional law firms. You’ll know what you’re paying for each step of the way, with no hidden fees or surprises.

While professional immigration assistance represents an investment, it could increase your chances of success with this permanent residency pathway. Given what's at stake - your ability to live and work permanently in the United States - having professional guidance is often well worth the cost.

How long does the EB3 visa process take?

The EB3 visa process involves multiple stages, each with its own timeline:

1. PERM Labor Certification: Typically takes 1-2 years, including:
   • Prevailing wage determination: 3-6 months
   • Recruitment period: 2-3 months
   • PERM processing: 6-12 months
2. I-140 Petition: Processing times vary based on service center workload:
   • Regular processing: 8-12 months
   • Premium processing: 15 business days (for an additional fee)
3. Visa Availability and Final Stage: Depends on your country of birth and EB3 subcategory:
   • For countries without backlogs: 12-24 months for I-485 processing
   • For backlogged countries (like India and China): Several years of waiting before a visa number becomes available

The entire process from initial PERM filing to green card issuance typically takes 3-5 years for those from non-backlogged countries, and potentially much longer for applicants from countries with high demand.

Your attorney will provide more specific timeline estimates based on your particular circumstances, country of origin, and current processing times.

What you can expect from a Lawhive attorney

From day one, your Lawhive immigration attorney is here to make the complex EB3 visa process more manageable. You'll speak with our experienced team right away so we can understand your employment situation and immigration goals. Then you'll get a clear idea of the costs and what you can expect to pay.

We work with vetted immigration attorneys who focus on employment-based immigration and understand the nuances of the PERM and EB3 processes. They'll take the time to understand your specific situation, explain your options in plain English, and guide you through every step of the process - from initial PERM preparation through green card acquisition.

With Lawhive, you get professional legal help that's responsive, straightforward, and focused on what matters most: helping you achieve permanent residency through your employment with confidence and peace of mind.

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