Preloader Close
Close

Recent Search Keywords

News

  • Home
  • News
  • U.S. EB-3 Visa (Part 2) – Application Process and Common Questions

U.S. EB-3 Visa (Part 2) – Application Process and Common Questions



In the first part of this series, we introduced the basics of the U.S. EB-3 visa and who is eligible to apply, helping potential applicants assess whether they might qualify. In this article, we’ll go a step further to outline the actual application process and address some of the most frequently asked questions. The goal is to provide clear and practical information for those still considering whether to pursue an EB-3 visa.+

Overview of the EB-3 Application Process
The EB-3 process is employer-driven, meaning applicants cannot file on their own. The entire procedure can be broken down into 5 main stages:




1. Prevailing Wage Determination
The employer must first apply to the U.S. Department of Labor (DOL) to determine the “prevailing wage” for the offered position. This ensures that hiring a foreign worker does not undercut the local wage level for U.S. workers.




2. Labor Certification, PERM
The employer then submits Form ETA-9089 through the DOL’s FLAG system, demonstrating that no qualified U.S. workers are available for the position. This stage, commonly referred to as PERM, is a critical prerequisite for EB-3 applications.




3. Form I-140 Petition
Once the Labor Certification is approved, the employer files Form I-140 with USCIS. This officially starts the immigration process. At this stage, the applicant receives a Priority Date, which determines their place in line for a visa.




4. Visa Bulletin
Because EB-3 visas are subject to annual quotas, applicants must wait for their priority date to become current. Progress can be tracked through the U.S. Department of State’s monthly Visa Bulletin.




5. Applying for a Green Card (Consular Processing or Adjustment of Status)
When the Priority Date becomes current, applicants can proceed in one of two ways:


  • Consular Processing: Apply for an immigrant visa at a U.S. consulate abroad.
  • Adjustment of Status: If already in the U.S., file Form I-485 to adjust status to permanent resident.



Schedule A: Occupations Exempt from Labor Certification
Normally, all EB-3 applications require a Labor Certification. However, certain occupations listed under Schedule A are exempt and can skip the PERM process. Employers can directly file Form I-140 with USCIS for these cases.

Currently, Schedule A includes:


  • Group I: Registered Nurses and Physical Therapists
  • Group II: Individuals with exceptional ability in the sciences, arts, or performing arts (e.g., professors, musicians)

Even though Labor Certification is waived, applicants must still provide:
  • An uncertified Form ETA-9089
  • A signed Final Determination
  • A valid prevailing wage tracking number



Frequently Asked Questions
1. How long does the EB-3 process take?
Timelines vary depending on several factors:



  • The time DOL takes to process Labor Certification (typically 12–18 months)
  • USCIS processing time for Form I-140 (a few months to about a year)
  • Visa availability based on the applicant’s country of bulletin (for example, applicants from China and India often face longer wait times)

2. Are there specific education or language requirements?
Requirements for EB-3 are relatively flexible:
  • Skilled Workers/Professionals: Generally, require at least a college degree or two years of relevant work experience.
  • Other Workers: Lower requirements; some positions may only need short-term training.


While English proficiency is not a formal requirement, applicants should be prepared to use English in their work environment.



3. What documents must applicants prepare?
Although the process is led by the employer, applicants will need to provide:


  • A complete resume and proof of work experience
  • A valid passport and identity documents
  • Participation in an interview and medical examination during the visa or adjustment process




4. Can family members apply as dependents?
Yes. A spouse and unmarried children under 21 years of age may apply as dependents and obtain green cards along with the primary applicant.




Conclusion
The EB-3 visa is one of the more accessible U.S. immigrant visa options, but the process is lengthy and involves multiple stages. Applicants must confirm their eligibility, prepare the necessary documents, and remain patient during the long waiting periods.

It’s important to stay updated on official announcements and policy changes. Working with an experienced professional team can also help ensure that the process runs smoothly, documents are properly prepared, and the chances of final approval are maximized.



Reference:  
Employment-Based Immigration: Third Preference EB-3 | USCIS
Permanent Workers | USCIS
Visa Bulletin For August 2025