Are you an NRI looking for a reliable pathway to live and work permanently in the United States? The EB-3 visa category offers a promising route to obtain a U.S. Green Card, granting you lawful permanent residency and a future pathway to citizenship. This visa is particularly popular among skilled workers, professionals, and unskilled workers who may not qualify for the more competitive EB-1 or EB-2 categories.
Are you an NRI looking for a reliable pathway to live and work permanently in the United States? The EB-3 visa category offers a promising route to obtain a U.S. Green Card, granting you lawful permanent residency and a future pathway to citizenship. This visa is particularly popular among skilled workers, professionals, and unskilled workers who may not qualify for the more competitive EB-1 or EB-2 categories.
This comprehensive guide is tailored specifically for NRIs who want to understand the EB-3 visa process in depth. You’ll learn about eligibility requirements, necessary documentation, the multi-stage application process, expected timelines, and how your family can legally join you. With this knowledge, you can confidently plan your immigration journey toward building a stable future in America.
What is the EB-3 Visa?
The EB-3 visa is an employment-based immigrant visa offering permanent residency for foreign workers who do not meet the stricter requirements of EB-1 or EB-2 visa categories. It covers three subcategories:
- EB-3A (Professionals): Requires at least a U.S. bachelor’s degree or foreign equivalent, and work in a profession requiring such credentials.
- EB-3B (Skilled Workers): Requires at least two years of job experience or training in the relevant field; the job must not be temporary or seasonal.
- EB-3C (Other Workers/Unskilled): Covers jobs requiring less than two years of training or experience.
All applicants must have a permanent, full-time job offer from a U.S. employer who sponsors them and obtains a Permanent Labor Certification (PERM), proving that no qualified U.S. workers are available for the position.
EB-3 Visa Eligibility Requirements
- Professionals: Must hold a bachelor’s degree; work experience does not substitute for this requirement. Some foreign bachelor’s degrees (typically 3-year degrees) may not be considered equivalent to U.S. degrees, which usually require four years.
- Skilled Workers: Must demonstrate at least two years of relevant job experience or training. Relevant post-secondary education may sometimes count.
- Unskilled Workers: Require less than two years of job experience or training but must meet any specific requirements for the offered job.
Additional requirements for all EB-3 applicants include:
- Having a permanent, full-time job offer from a U.S. employer.
- An approved labor certification (PERM) from the Department of Labor.
- Being physically present in the U.S. when filing Form I-485 for Adjustment of Status (if applicable).
- Demonstrating the job offer still exists upon petition approval.
Working with an experienced immigration attorney is recommended to assess eligibility and prepare a strong petition.
Required Documents for EB-3 Visa Application
- Valid passport with at least six months validity.
- Completed Form DS-260 (Immigrant Visa and Alien Registration Application) for consular processing.
- Two 2x2 passport-style photographs adhering to official specifications.
- Birth certificates, marriage certificates, and divorce decrees (if applicable) with certified English translations if necessary.
- Academic records or employer letters proving qualifications and work experience.
- Approved Form ETA-9089 (labor certification).
- Financial support documents to prove you will not become a public charge.
- Medical examination reports from authorized physicians.
- Police certificates for any countries where you lived more than six months (if aged 16+).
- Military service records, if applicable.
Thorough preparation helps minimize delays.
Step-by-Step EB-3 Visa Application Process
- Labor Certification (PERM):
The employer starts by obtaining PERM labor certification from the Department of Labor, proving no qualified U.S. workers are available. This process generally takes 6 to 12 months. - Form I-140 Petition:
After PERM approval, the employer files Form I-140 with USCIS within 180 days, proving the ability to pay the offered wage. Standard USCIS processing takes about 6-8 months; premium processing is available and guarantees a 15-day decision. - Final Green Card Application:
Once I-140 is approved and the priority date is current per the monthly Visa Bulletin, applicants choose one of the two paths:- Adjustment of Status (Form I-485): If residing in the U.S., includes biometrics, medical exam, and potentially an interview.
- Consular Processing (Form DS-260): If outside the U.S., completes visa processing at the U.S. embassy or consulate.
- Adjustment of Status (Form I-485): If residing in the U.S., includes biometrics, medical exam, and potentially an interview.
Country-specific backlogs can add significant waiting time for applicants from high demand countries.
EB-3 Visa for Family Members
Your spouse and unmarried children under 21 may apply for derivative visas simultaneously. Depending on the EB-3 subcategory, spouses and children receive specific visa classifications that allow them to live in the United States, and spouses can pursue work authorization while awaiting permanent residency.
Family members must also complete relevant applications, provide civil documents, pay fees, and undergo medical examinations to ensure family unity during the immigration process.
Conclusion
The EB-3 visa provides NRIs a clear path to U.S. permanent residency and eventual citizenship after five years. Understanding the three subcategories, eligibility criteria, application steps, and potential delays, especially country-specific backlogs, is essential for success.
Preparing a complete and accurate application package and consulting experienced immigration professionals can help you navigate challenges and increase your chances of approval. With nearly 40,000 EB-3 visas available annually, the EB-3 visa remains a valuable option for professionals, skilled, and unskilled workers seeking to build a future in the United States with their families.
Frequently Asked Questions
Q1. How long does the EB-3 visa process take?
The process typically takes 1-3 years or more, depending on your country of origin and current backlogs. Form I-140 processing averages about 8.1 months.
Q2. What are the main eligibility requirements?
Skilled workers need at least two years of relevant job experience, professionals require a bachelor’s degree or equivalent, and unskilled workers need less than two years of training or experience. All need permanent, full-time job offers and approved labor certification.
Q3. Can my family members join me?
Yes, your spouse and unmarried children under 21 are eligible for derivative visas, including work authorization for spouses.
Q4. What documents are required?
Passport, Form DS-260, photos, birth and marriage certificates, academic records, labor certification, medical forms, police certificates, proof of financial support, and more as needed.
Q5. Are there limits on EB-3 visas issued?
Approximately 40,000 EB-3 visas are issued annually, with no more than 7% allocated to any single country. This affects wait times, especially for applicants from India and China.
