EB-3 Visa Cost Processing Time and Requirements

Travel Feb 5, 2025 3 Add to Reading List

The EB-3 visa is a popular employment-based immigrant visa that allows foreign nationals to live and work permanently in the United States. It is designed for skilled workers, professionals, and other workers who meet certain qualifications. However, obtaining an

EB-3 Visa Sponsor

requires sponsorship from a U.S.-based employer. This article provides an in-depth look at the role of an EB-3 visa sponsor, the sponsorship process, eligibility requirements, and key considerations for both employers and employees.

What is an EB-3 Visa?

The EB-3 visa is part of the third preference category of U.S. employment-based immigration. It covers three main groups:

Skilled Workers: Positions requiring at least two years of training or experience.
Professionals: Individuals with at least a U.S. bachelor’s degree or its foreign equivalent.
Other Workers (Unskilled Workers): Jobs that require less than two years of training or experience.

Unlike other employment-based visas, such as the H-1B, the EB-3 leads directly to a green card, granting the beneficiary permanent residency.

Who Can Be an EB-3 Visa Sponsor?

To obtain an EB-3 visa, the applicant must have a U.S. employer willing to act as a sponsor. The employer must:

Be a Legitimate Business: The sponsoring company must be a legally operating entity in the U.S.
Provide a Permanent Full-Time Job: The position must be long-term, not seasonal or temporary.
Demonstrate Financial Ability: The employer must prove they can afford to pay the offered wage through financial documents such as tax returns and profit-and-loss statements.
Undergo the PERM Labor Certification Process: The employer must show that no qualified U.S. workers are available for the job before hiring a foreign worker.

The EB-3 Visa Sponsorship Process

The process of sponsoring a foreign worker for an EB-3 visa involves multiple steps and government agencies, including the U.S. Department of Labor (DOL) and U.S. Citizenship and Immigration Services (USCIS).

Step 1: PERM Labor Certification

The first step in the EB-3 process is obtaining a Program Electronic Review Management (PERM) labor certification from the DOL. This ensures that hiring a foreign worker will not negatively impact U.S. workers.

Job Posting and Recruitment: The employer must advertise the job to the U.S. workforce using various recruitment methods (newspaper ads, job postings, etc.).
Application Submission: If no qualified U.S. workers are found, the employer files a PERM application (ETA Form 9089) with the DOL.
Approval: If approved, the employer can move forward with the EB-3 petition.

Step 2: Filing Form I-140 (Immigrant Petition for Alien Worker)

Once the PERM labor certification is approved, the employer files Form I-140 with USCIS. This petition establishes that the worker meets the job qualifications and that the employer can pay the required wage.

Step 3: Priority Date and Visa Availability

The EB-3 category is subject to annual visa limits. Applicants must wait for their “priority date” (the date the PERM application was filed) to become current based on the Visa Bulletin.

Step 4: Adjustment of Status or Consular Processing

Once the priority date is current:

If the worker is already in the U.S., they can file Form I-485 to adjust status to permanent resident.
If outside the U.S., they must attend an interview at a U.S. consulate in their home country.

Benefits of Sponsoring an EB-3 Worker

For employers, sponsoring an EB-3 worker can be beneficial in several ways:

Filling Labor Shortages: Many industries, such as healthcare, manufacturing, and construction, face worker shortages that EB-3 workers can help address.
Employee Loyalty: Foreign workers sponsored for green cards tend to remain with their employer for a long time.
Expanding Workforce Diversity: Hiring international employees fosters diversity and innovation in the workplace.

Challenges Faced by EB-3 Sponsors

While the EB-3 visa provides many advantages, there are also challenges that employers should consider:

Long Processing Times: The PERM process and visa backlogs can cause significant delays.
Legal and Compliance Costs: The process requires extensive legal paperwork and compliance with DOL and USCIS regulations.
Recruitment Requirements: Employers must go through a thorough recruitment process to prove there are no available U.S. workers.

How to Find an EB-3 Visa Sponsor

If you are a foreign worker looking for an EB-3 sponsor, here are some steps to help you:

Research Companies Hiring Foreign Workers: Look for industries with labor shortages, such as healthcare, hospitality, and construction.
Leverage Job Boards and Recruitment Agencies: Websites like Indeed, LinkedIn, and specialized immigration job portals list companies willing to sponsor visas.
Network with Industry Professionals: Attending job fairs, joining professional associations, and connecting with recruiters can increase your chances of finding a sponsor.
Work with an Immigration Attorney: An attorney can help identify potential sponsors and ensure all legal requirements are met.

Common Questions About EB-3 Sponsorship

1. Can a Small Business Sponsor an EB-3 Visa?

Yes, as long as the business meets financial requirements and can prove the need for the foreign worker.

2. What Happens if the Employer Withdraws the Sponsorship?

If the employer withdraws the I-140 petition before approval, the process stops. If withdrawn after approval, the worker may retain their priority date and find another sponsor.

3. How Long Does the EB-3 Process Take?

Processing times vary but can take 1-3 years, depending on factors like labor certification approval, visa availability, and USCIS processing speed.

4. Can Family Members Accompany an EB-3 Visa Holder?

Yes, spouses and children (under 21) can apply for derivative visas and obtain permanent residency.

The EB-3 visa sponsorship process can be complex but offers a valuable pathway for both employers seeking skilled labor and workers aiming for permanent residency in the U.S. Employers must meet strict eligibility criteria and navigate regulatory hurdles, while workers must secure a qualifying job offer. With proper planning, legal guidance, and a strategic approach, the EB-3 visa can be an effective solution for addressing workforce needs and achieving the American Dream.