EB3 Visa Guide: Key Information on the EB3 Visa
The EB3 visa offers a direct pathway to permanent residency (green card) in the U.S. through company sponsorship. The application process requires a PERM labor certification.
EB3 Visa Overview
The EB3 visa grants permanent residency to eligible individuals in the following categories:
- Skilled workers
- Unskilled workers
- Professionals
Key Facts:
- Annually, around 40,000 EB3 visas are allocated (28.6% of employment-based green cards).
- As a third-preference employment visa, it has relatively lenient requirements but longer wait times due to demand.
- Country limits: 7% cap per country, with extended wait times for nationals from India and China.
- No priority filing time: Applications are accepted at any time.
- Validity: The EB3 visa is valid for 10 years and can be renewed if needed.
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Advantages of the EB3 Visa
The EB3 visa offers several notable advantages, including:
1. Permanent Residency (Green Card) in the U.S.
- Benefits of Permanent Residency:
- Flexibility to change employers
- Increased travel flexibility
- Less stringent requirements compared to EB1 and EB2 visas
Family Benefits:
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- Spouse and dependent children (unmarried and under 21) can join you in the U.S.
- Children can attend U.S. schools.
- Spouse can work upon completing Employment Authorization Documents or obtaining a green card.
Increased Eligibility:
Relaxed requirements make the EB3 visa accessible for individuals who may not qualify for EB1 or EB2 visas.
Requirements for an EB2 Visa
Requirements vary based on the EB2 category. Our team can help determine your eligibility.
EB2-A (Advanced Degree) Requirements
- Possess an advanced degree (master’s or higher) or equivalent.
- Alternatively, hold a bachelor’s degree plus five years of progressive work experience.
- Have a valid U.S. job offer in the field related to your advanced degree.
- Job duties should align with your academic and professional experience.
EB2-B (Exceptional Ability) Requirements
To demonstrate exceptional ability in sciences, arts, or business, applicants must meet at least three of the following criteria:
- Academic degree in the field
- 10+ years of full-time experience
- License/certificate to practice in the field
- Salary indicative of exceptional ability
- Professional association membership
- Recognition from experts in the field
- Other comparable evidence of exceptional ability
- Valid Job Offer Requirement: A U.S. job offer in the field of exceptional ability is necessary.
Independent Filing
Eligibility Criteria:
Applicants must meet three or more of the following:
- Academic degree in the field
- 10+ years of full-time experience
- License/certificate to practice in the field
- Salary indicative of exceptional ability
- Membership in a related professional association
- Expert recognition in the field
- Other comparable evidence of exceptional ability
National Interest Requirement
Applicants must show that granting the EB2 visa would significantly benefit the United States, underscoring the applicant’s potential to contribute positively.
Key Distinctions
- No job offer required
- No sponsor necessary
- Self-petitioning is allowed
- No PERM labor certification is required
- For personalized guidance and additional questions, our team is here to support you through the process. Please reach out to us at matif@atiflawfirm.com for assistance. We’re here to help!