Understanding the EB-3 Visa: A Simpler Path to U.S. Immigration

Overview of Employment-Based Visas

Limited Availability

While all immigrant visas are difficult to obtain given their limited numbers, some have fewer requirements than others. The EB-3 visa, in comparison to others, has fewer requirements.

Annual Visa Allocation

The United States makes approximately 140,000 employment-based immigrant visas available each fiscal year for aliens, as well as their spouses and children, who wish to immigrate to the United States based on their occupational skills.

Five Employment-Based Categories

There are five employment-based immigrant visa categories:

1. EB-1: For individuals with extraordinary abilities.
2. EB-2: For professionals with advanced degrees or exceptional ability.
3. EB-3: For skilled workers, professionals, or other workers.
4. EB-4: Mostly for religious workers.
5. EB-5: For investors who invest close to $1 million or more in the U.S. economy.

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EB-1 Visa (First Preference)

Extraordinary Ability

The EB-1 category is for individuals with extraordinary abilities in the sciences, arts, education, business, or athletics. This preference category also includes outstanding professors or researchers as well as multinational executives and managers.

Proof of Extraordinary Ability

These foreign nationals must demonstrate “extraordinary ability” through sustained national or international acclaim, supported by extensive documentation. Awards such as a Pulitzer, Oscar, Olympic Medal, or Nobel Prize typically prove extraordinary ability.

High Standards

The foreign national is compared to their peers, not the general population, to determine if they truly possess extraordinary ability. This visa is notoriously difficult to obtain due to lengthy requirements and extensive Requests for Evidence (RFEs).

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EB-2 Visa (Second Preference)

Advanced Degrees or Exceptional Ability

The EB-2 category is for individuals who are members of a profession holding an advanced degree or its equivalent or have exceptional ability in the sciences, arts, or business.

National Interest Waiver

An individual may obtain permanent residency without labor certification with a national interest waiver. To qualify, the applicant must demonstrate that their employment in the United States would significantly benefit the national economy, cultural, or educational interests or welfare of the United States.

Strict Requirements

Like the EB-1, the requirements and proof for the EB-2 visa are strict and difficult to meet.

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EB-3 Visa (Third Preference)

Skilled Workers, Professionals, and Other Workers

The EB-3 category is for individuals who are skilled workers, professionals, or other workers. The eligibility requirements for this category are less stringent than for the EB-1 and EB-2.

Employer Requirements

As part of the application process, the foreign national's intended employer must demonstrate an ability to pay the offered wage as of the visa priority date. This can be shown through annual reports, federal income tax returns, or audited financial statements.

Skilled vs. Unskilled Workers

• Skilled Workers: Require more than 2 years of experience.
• Other Workers (Unskilled): Require less than 2 years of higher education, training, or experience.

Unskilled Labor Requirements

The foreign national must be capable, at the time the petition is filed, of performing unskilled labor that is not of a temporary or seasonal nature, for which qualified workers are not available in the United States.

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Learn More About the EB-3 Unskilled Visa

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