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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I've had the pleasure of working with DLG on various petitions over the past few years. US immigration could be quite complex and overwhelming making knowledgeable, trustworthy help critical to successfully navigate through the process. The team at DLG (Dana, Leyla, Jennifer, Melisa) are extremely knowledgeable, thorough, patient, transparent and responsive. Definitely recommend them!!
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Appreciate the Davidson Law Group for helping me secure approval for my H1b visa. The paralegal working with me was very responsive in answering the questions I had (usually always responded to my messages the day of my inquiry) and the answers were always detailed and professional. Would recommend working with the law group!
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I had an amazing experience with Davidson Law Group for my immigration case. Their team was incredibly professional, knowledgeable, and attentive, making the entire process smooth and successful. I highly recommend them to anyone needing expert immigration legal support.
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To the entire Davidson Law Group team, thank you so much for all the support during the past three years of my immigration journey in the US. They were especially supportive and responsive to all my queries about the different visas and were always prompt and kind. I especially appreciated it when Leyla got back to me beyond working hours on a Friday with, "Congratulations, your H1B has been picked." It definitely made my and my close ones' weekend a tad better. I would recommend them for sure just because I appreciated their humane approach to all of their cases. Kudos to all of you.
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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.

Speaking Engagements
 
  • 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