USA EB-3 (Professionals)

What is the EB-3 Professionals Visa?

The EB-3 visa is an immigrant visa category designed for certain types of workers to obtain lawful permanent residency (a Green Card) in the United States based on a permanent, full-time job offer. The EB-3 category is broadly divided into three sub-categories: Skilled Workers, Professionals, and Other Workers (unskilled workers).

The EB-3 Professionals sub-category is specifically for individuals who hold a U.S. baccalaureate degree or its foreign equivalent and are performing work for which a bachelor’s degree is a normal requirement for entry into the profession.

Eligibility Criteria for EB-3 Professionals

To qualify for the EB-3 Professionals visa, both the prospective immigrant and the U.S. employer must meet specific criteria.

For the Applicant (Professional):

• Education: Possess a U.S. baccalaureate degree or a foreign equivalent degree. Importantly, work experience cannot be substituted for a bachelor’s degree for this specific sub-category.
• Profession: The job offered must be one for which a U.S. bachelor’s degree (or its foreign equivalent) is the minimum requirement for entry into the profession. Examples include engineers, teachers, accountants, and healthcare professionals.
• Job Offer: Must have a permanent, full-time job offer from a U.S. employer.

For the U.S. Employer (Petitioner):

• Labor Certification: The employer must obtain an approved Labor Certification from the U.S. Department of Labor (DOL) for the position. This process, known as PERM (Program Electronic Review Management), demonstrates that there are no qualified U.S. workers available and willing to fill the position, and that employing the foreign worker will not adversely affect the wages and working conditions of U.S. workers.
• Ability to Pay: The employer must demonstrate a continuing ability to pay the offered wage from the priority date until the applicant obtains permanent residency. This is typically shown through financial statements, tax returns, or annual reports.

The EB-3 Professionals Visa Application Process

The EB-3 visa process typically involves three main steps, often initiated by the sponsoring U.S. employer:

Step 1: PERM Labor Certification (Employer Responsibility)

This is the crucial first step. The U.S. employer must undertake a recruitment process to test the U.S. labor market. This usually involves:

• Obtaining a Prevailing Wage Determination from the DOL for the specific job and geographic location.
• Advertising the position in various media, including newspapers and the State Workforce Agency.
• Reviewing applications from U.S. workers and documenting why they are not qualified or available for the position.

If no qualified U.S. workers are found, the employer files Form ETA-9089, Application for Permanent Employment Certification, with the DOL.

Step 2: Immigrant Petition (Form I-140) (Employer Responsibility)

Once the PERM Labor Certification is approved by the DOL, the employer files Form I-140, Immigrant Petition for Alien Worker, with U.S. Citizenship and Immigration Services (USCIS). This petition classifies the foreign worker under the EB-3 Professionals category and includes the approved labor certification and evidence that the foreign worker meets the educational requirements.

• Premium Processing: Employers may opt for Premium Processing for Form I-140 by paying an additional fee, which guarantees an adjudicative action (approval, denial, or Request for Evidence) within 15 calendar days.

Step 3: Visa Application or Adjustment of Status (Applicant Responsibility)

After the Form I-140 is approved, the final step depends on whether the applicant is inside or outside the United States.

• Consular Processing (Outside the U.S.): If the applicant is outside the U.S., they will apply for an immigrant visa at a U.S. Embassy or Consulate in their home country. This involves filing Form DS-260, Immigrant Visa Application, attending a visa interview, and undergoing a medical examination.
• Adjustment of Status (Inside the U.S.): If the applicant is already in the U.S. on a valid nonimmigrant visa and their priority date (the date the PERM application was filed) is current according to the monthly Visa Bulletin, they may file Form I-485, Application to Register Permanent Residence or Adjust Status, with USCIS. This allows them to adjust their status to a lawful permanent resident without leaving the country. Spouses and unmarried children under 21 can typically apply for derivative visas or adjust their status concurrently.

Understanding Processing Times and the Visa Bulletin

The processing times for the EB-3 Professionals visa can vary significantly due to several factors, including:

• Country of Origin: Due to per-country annual limits on immigrant visas, individuals from high-demand countries like India and China often experience longer wait times.
• Service Center Workload: USCIS service centers handle petitions, and their individual workloads can impact processing times.
• Visa Bulletin Cut-Off Dates: The U.S. Department of State publishes a monthly Visa Bulletin, which indicates when immigrant visas are available for various categories and countries. An applicant’s “priority date” must be “current” in the Visa Bulletin before they can proceed with their visa application or adjustment of status. Visa retrogression (when cut-off dates move backward) can occur, causing further delays.

Estimated Processing Time Breakdown:

Note: These are estimates based on recent trends. Always check the official USCIS and Department of State websites for the most up-to-date processing times and Visa Bulletin.

Benefits of the EB-3 Professionals Visa

The EB-3 Professionals visa offers significant advantages for those seeking to make the U.S. their permanent home:

• Permanent Residency (Green Card): Upon approval, the applicant receives a Green Card, allowing them to live and work permanently in the United States.
• Path to Citizenship: Green Card holders are generally eligible to apply for U.S. citizenship after meeting specific residency requirements (usually five years).
• Family Inclusion: Spouses and unmarried children under 21 years of age are eligible to accompany the principal applicant to the U.S. as derivative beneficiaries, also receiving Green Cards.
• Work Authorization for Dependents: Dependent spouses can apply for an Employment Authorization Document (EAD), allowing them to work in the U.S.
• Educational Opportunities: Children of Green Card holders can attend U.S. public schools and colleges, often at in-state tuition rates once residency is established.
• Flexibility and Stability: Unlike many temporary visas, the EB-3 visa provides long-term stability and greater flexibility in employment options once permanent residency is granted.

Recent Changes and Updates (2024-2025)

Immigration laws and regulations are subject to change, and staying informed is crucial. Here are some general observations and potential considerations for 2024-2025:

• Visa Bulletin Fluctuations: The monthly Visa Bulletin remains a critical factor. While some categories and countries may see slight advancements, significant retrogression, particularly for India and China in the EB-3 category, continues to be a challenge. It’s essential to monitor the Visa Bulletin closely.
• PERM Processing Delays: The Department of Labor has experienced backlogs in PERM Labor Certification processing, which can extend the overall timeline.
• Legislative Proposals: Discussions around potential immigration reform, such as proposals to exempt derivatives (spouses and children) from the annual visa caps, could significantly impact processing times and visa availability in the future. As of mid-2025, these remain proposals and are not yet enacted law.
• Increased Fees: USCIS fees are subject to periodic adjustments. Applicants and employers should verify the most current filing fees directly on the USCIS website.
• Focus on Efficiency: USCIS continues to implement measures aimed at improving processing efficiency, though the impact on EB-3 categories can vary.