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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.
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Ishani Dash
I can’t say enough good things about Davidson Law Group. Leyla, Dana, and Melisa are absolutely incredible. The firm goes above and beyond for their clients. They take the time to really explain everything, and no matter how complicated the situation may seem, they make sure you never feel alone in the process. Their support, professionalism, and genuine care truly set them apart. If you’re looking for an immigration team that will stand by you, this is the one.
Response from the owner:Thank you so much for taking the time to leave a review for Davidson Law Group. We truly appreciate your feedback and are grateful for your trust in our services!
Surya Reddy
I had an excellent experience working with Davidson Law group on my H-1B petition. The team was extremely quick, efficient, and detail-oriented throughout the entire process. They guided me step by step, clarified every question I had, and made sure all documentation was handled with precision. I truly appreciated their responsiveness and professionalism, which gave me confidence during a very important process. Highly recommend them to anyone looking for reliable immigration legal support!
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Piyush
I can't say enough about the DLG team (Dana, Melisa, Matt, and Leyla). They are the reason my visa transfer went so smoothly. This team is proactive and responsive, and they truly give you peace of mind while the process is ongoing. They were patient with all my questions and ensured I got my approval on time. Their hard work is truly appreciated, and I highly recommend their services.
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Sarah Tory
Dana and her team were fantastic throughout my Green Card process. With their help and support, I felt confident every step of the way and can't recommend them enough!
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Jason Berg
Dana and her associates were incredibly helpful through our green card application process for my wife. They were extremely comprehensive in preparing the submission, and supportive at each stage of the process - through making sure we were fully prepared for the final interview. We couldn't have imagined the process going any smoother (what I think might be in record time), and are incredibly grateful for their support. Thank you again to the entire DLG team.
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Oshrat Goldberg
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Dana Davidson - Full Bio

Dana T. Davidson holds degrees from the Benjamin N. Cardozo School of Law and State University of New York at Stony Brook and has been practicing immigration law since 2003 in New York and nationwide. She represents corporations, individuals, and families in a broad range of immigration matters. Attorney Davidson has offices in New York City and Glen Cove.
 

Education

  • Benjamin N. Cardozo School of Law, Yeshiva University, New York, New York
  • Juris Doctor – 1988
  • Honors: Moot Court Board, Member, Judge
  • State University of New York at Stony Brook, Stony Brook, New York
  • Bachelor of Arts – 1982
  • Major: Political Science
  • Concentration: Business


Pro-Bono Activities

  • Safe Passage Project, Volunteer Attorney, 2013-Present
  • Educating the Educators, Founder, 2012-Present
  • Momentum Project, Board Member, 1991-1994


Bar Admission

  • New York, Eastern District
  • New York, Southern District
  • Washington, D.C.
  • Connecticut

Speaking Engagements
 
  • AILA 13th Annual Asia Pacific Chapter Conference 2025, Seoul, Korea, Speaker: “The Art of H-1B Strategic Planning” panel
  • AILA RDC-EMEA Spring Conference 2018, Berlin, Germany, Speaker on “Public Charge” panel
  • AILA RDC-EMEA Fall Conference 2018, Johannesburg, South Africa, Speaker: “Practice Management in the New Age” panel
  • AILA RDC-EMEA Spring Conference 2018, Madrid, Spain, Speaker: “El Traje de Luces: Self-Sponsored Petitions – EB-1A and NIW”  
  • AILA RDC-EMEA Spring Conference 2017, Brussels, Belgium, Speaker: “Continuing Blanket L Challenges”
  • Safe Passage Project, March 2017, Speaker: “Representing Unaccompanied Minors: Special Immigrant Juvenile Status and the Effects of President Trump’s Executive Orders on Immigration”
  • AILA RDC-EMEA Fall Conference 2016, Speaker: “It’s Not About Money: I-864”
  • AILA RDC-EMEA Spring Conference 2016, Vienna, Austria, Speaker: “K-Visa: Differences Between K-1 and I-130 Processing”
  • New York Institute of Technology’s Center for Entrepreneurship, January 2016, Entrepreneur/Executive-in-Residence
  • AILA Fall Conference 2015, London, UK, Speaker: Impact of joint sponsors on family-based cases
  • Goldman-Sachs 10,000 Small Business Education Program, October 2014, “What is required to grow a business?”
  • Dowling College, May 2013, Keynote Speaker at the first annual Latino Summit at Dowling College
  • International Taxation Conference, 2010