Benefits of EB-3 Immigration
- Eligibility to work and live in the U.S. indefinitely as long as status is maintained.
- Access to various social benefits, including healthcare and education.
- Possibility of U.S. citizenship, with compliance to residency and other requirements.
- Opportunity for career growth and advancement in the U.S. job market.
- Ability to sponsor certain family members for immigration benefits.
- Spouse: A spouse of the primary immigrant visa applicant is typically eligible for derivative immigration benefits including work and education and possibility of U.S. citizenship.
- Unmarried children under 21: Children of the primary applicant who are unmarried and under 21 years old are generally eligible for derivative immigration benefits including work and education and possibility of U.S. citizenship.
Professionals, Skilled Workers, Unskilled Workers General Requirements
The EB-3 immigrant visa category is divided into three sub-classifications.
Professionals
- with a U.S. baccalaureate or foreign equivalent degree, and that a baccalaureate degree is the normal requirement for entry into the occupation.
- Education and experience may not be substituted for a baccalaureate degree.
- who are performing work for which qualified workers are not available in the United States.
- who meet any other requirements specified on the labor certification.
Skilled Workers
- with 2 years of job experience, education, or training that meets the job requirements specified on the labor certification.
- who are performing work for which qualified workers are not available in the United States.
Unskilled Workers
- who demonstrate the ability to perform unskilled labor (requiring less than 2 years training or experience), that is not of a temporary or seasonal nature.
- who performing work for which qualified workers are not available in the United States.
- who meet any other requirements specified on the labor certification.
Department of Labor Employer Labor Certification Required
- An employer that wants to hire an EB-3 applicant must obtain an approved, individual labor certification from the Department of Labor on Form ETA-9089. This is a test of U.S. labor market to determine if there are any qualified U.S. workers able and willing to fill the position.
- Upon obtaining the labor certification, the employer must file a Form I-140, Immigrant Petition for Alien Workers.
- Upon approval of the Form I-140 Petition, the applicant will then begin the visa application process.
How to apply for the EB-3 Visa
| Step | Action | Who Acts |
|---|---|---|
| 1 | Identify a qualifying U.S. employer and position | Applicant + employer |
| 2 | Employer obtains PERM labor certification (Form ETA-9089) from DOL | U.S. employer |
| 3 | Employer files Form I-140 with USCIS | U.S. employer |
| 4 | USCIS approves I-140; case sent to NVC | USCIS |
| 5 | NVC processes DS-260, I-864 and supporting documents | Enterline & Partners + applicant |
| 6 | NVC qualifies file; consular interview scheduled | NVC and U.S. Consulate/Embassy |
| 7 | Applicant completes medical examination | Applicant |
| 8 | Consular interview at HCMC or Manila | Applicant |
| 9 | Immigrant visa issued; applicant enters U.S. as LPR | Consulate |
Enterline & Partners can in some cases introduce applicants to qualifying U.S. employers. See the EB-3 Due Diligence Service for details.
- You should find a U.S. employer that wants to hire you and you should be able to prove he or she is qualified for the position.
- In some cases, we may be able to introduce you to an employer (see EB-3 here).
- Usually U.S. employers may already have an immigration attorney to assist them.
- Our office can assist you to understand and help with the process.
- Our office can collect all the information that needed from you at the start of the case.
- Your employer will obtain the Department of Labor, labor certification and complete and file a Form I-140, Immigrant Petition for Alien Worker with the United States Citizenship and Immigration Services (“USCIS”) with supporting documentation.
- After USCIS approves the Form I-140 Petition, the file will be sent to the file will be sent to the National Visa Center (“NVC”) for processing the immigrant visa application.
- Our office completes additional documentation including a DS-260 Online Visa Application, an I-864, Affidavit of Support as well as supporting documentation required by the NVC.
- After all documentation is approved by the NVC, the file will be documentarily qualified before it is sent to the U.S. Embassy or Consulate and an interview is scheduled for the applicant spouse.
- Our office will be notified that the U.S. Embassy or Consulate has received the file and an interview date has been scheduled.
- The applicant will need to schedule a medical evaluation before proceeding for the visa interview. We will guide you on scheduling a medical evaluation.
- Upon receiving medical clearance, the interview may proceed.
- Our office will prepare a final checklist of documentation as well as hold interview preparation sessions before the scheduled appointment.
- On the day of the interview, we will be available to answer calls or questions or any issues arise.
- Provided that there are no outstanding issues, the consular officer will approve the immigrant visa
- The EB-3 Immigrant Visa for Spouse will arrive in 7-10 business days.
Why Choose Our Firm to Advise you on EB-3?
Our firm has over 35 years of combined experience in U.S. immigration including representing applicants in their employment based immigrant visa applications. We offer a full-service, hands-on, comprehensive package designed to see the entire process through from beginning to end. We are immigration attorneys who have hands-on experience in working directly with the U.S. Embassies and Consulates in Ho Chi Minh City, Manila and across Asia. We provide our clients with a unique and personalized approach unmatched by other immigration attorneys.
