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EB-3 Visa Frequently Asked Questions

What is the EB-3 visa category for?

The EB-3 visa category is skilled workers, professionals, and certain other workers who want to become lawful permanent residents (green card holders) based on their employment.

What are the main subcategories within the EB-3 visa category?

The EB-3 visa has three main subcategories:

EB-3(a): Skilled workers with at least two years of job experience.

EB-3(b): Professionals with a bachelor’s degree or its foreign equivalent.

EB-3(c): Other workers in jobs that require two years of experience.

Do I need a job offer to apply for an EB-3 visa?

A job offer from a U.S. employer is required to apply for an EB-3 visa category. The employer is typically required to obtain a labor certification from the U.S. Department of Labor.

How long does the EB-3 visa application process take?

The EB-3 visa category processing time is currently 3 years on average, but based on several factors, including your specific circumstances and the country you’re from for nationals of certain countries, it can extend up to 10+ years.

Is there an annual cap on the number of EB-3 visas issued?

Yes, there is an annual numerical limit (cap) on the number of EB-3 visas issued, which includes separate caps for each subcategory.

Can I include my family members in the EB-3 application?

Yes, you can include your spouse and unmarried children under 21 in your EB-3 application. They can obtain green cards as derivative beneficiaries.

Can I work for any employer in the U.S. with an EB-3 visa?

Your EB-3 visa category is tied to your sponsoring employer. Changing employers at any time before approval (with certain exceptions) will require a new labor certification and I-140 petition.

Can I apply for an EB-3 visa while in the U.S. on a different visa status?

You must maintain your non-immigrant status until your petition is approved and the adjustment of status application is accepted by USCIS.

Can I travel outside the U.S. while my EB-3 petition is pending?

Yes, you can travel while your petition is pending, as long as you are in lawful non-immigrant status and have a valid visa to re-enter the United States.

What is the process for obtaining a labor certification for the EB-3 visa?

For most EB-3 categories, the employer must go through a labor certification process with the U.S. Department of Labor to demonstrate that there are no qualified U.S. workers available for the job.