USA EB-3 Visa – Frequently Asked Questions

The EB-3 visa is an employment-based immigrant visa for skilled workers, professionals, or other workers. It allows foreign nationals to live and work permanently in the United States.

Eligibility includes skilled workers (minimum 2 years experience), professionals (baccalaureate degree), or other workers (less than 2 years experience). You must have a permanent, full-time job offer from a U.S. employer.

EB-3 covers three subcategories: skilled workers, professionals with a U.S. bachelor's degree or foreign equivalent, and unskilled/other workers for positions requiring less than 2 years of training or experience.

Yes. A permanent, full-time job offer from a U.S. employer is required. The employer typically sponsors your application and must complete the PERM labor certification process.

It depends on the subcategory. Skilled workers need at least 2 years of experience; professionals need a degree; other workers may need less training or experience.

The main steps are: (1) PERM labor certification, (2) Form I-140 petition, (3) waiting for visa availability (priority date), (4) adjustment of status or consular processing, and (5) receiving your green card.

Processing times vary. PERM can take several months; I-140 adjudication can take months to a year or more. Overall, the process often takes several years depending on your country of chargeability and visa bulletin.

PERM (Program Electronic Review Management) is a process where the U.S. employer must prove there are no qualified U.S. workers available for the position. It involves recruitment and filing with the Department of Labor.

Changing employers before certain stages can affect your application. After I-140 approval, under certain conditions you may be able to change jobs (e.g., AC21 portability after 180 days with I-485 pending). Consult an immigration attorney for your situation.

Government fees include PERM filing (no DOL fee), I-140 filing fee, and later fees for I-485 or consular processing. Amounts change; check USCIS and Department of State for current fees.

Recruitment and legal/processing fees are typically non-refundable once work has been performed. Refund policies depend on your agreement with your employer or representative.

The employer typically pays for PERM and I-140 filing and related legal costs. Payment of other fees (e.g., optional premium processing, applicant-side costs) depends on company policy and any agreement.

Yes. Your spouse and unmarried children under 21 may apply as derivatives and can receive green cards with you, subject to visa availability.

Yes. After your spouse receives a green card or an employment-authorized status (e.g., EAD while I-485 is pending), they may work in the United States.

Yes. Unmarried children under 21 may be included as derivatives and receive green cards when you do. They have the same rights to live, study, and eventually work in the U.S.

After approval you may receive your green card by mail (if adjusting status) or complete consular processing and enter the U.S. with an immigrant visa. You then become a lawful permanent resident.

If you adjusted status in the U.S., the green card is typically mailed within a few weeks after approval. If you used consular processing, you receive an immigrant visa and get the green card after entry.

Yes. As a green card holder you may qualify for naturalization after meeting residency and other requirements (generally 5 years, or 3 years if married to a U.S. citizen).