Understanding the EB-3 Unskilled Visa Process

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The EB-3 Visa: A Solution for Employers

Addressing Labor Shortages

Many employers have a difficult time finding applicants for certain unskilled and low-skilled workers. The EB-3 Visa was meant to solve that.

Visa Category and Limitations

EB-3 refers to the fact that this visa category is the “3rd preference” of employment-based visas. Only a limited number of visas are available in each preference category, meaning that if more people apply in a year than there are visas available, recent applicants will have to be put on a waiting list.

Annual Visa Cap

The numbers are limited to 10,000 visas per year for this preference category under the Immigration and Nationality Act (INA) of 1990. The numbers replenish each year. Once 10,000 is reached for a fiscal year, immigrant visa category applicants must wait for the new fiscal year to see new numbers.

Per-Country Cap

Each country is capped at receiving only 7% of the available number of visas.

Employer Requirements

EB-3 visas require that an employer offer permanent, full-time employment from a U.S.-based employer. That employer must be willing to complete a labor certification and application process.

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Labor Certification Process

Purpose of Labor Certification

Labor certification means that the employer recruits for and advertises the position in accordance with U.S. immigration law guidelines and finds no qualified U.S. workers who are willing and available to take the job.

Employer Sponsorship

Once the foreign national completes the labor certification process, they must be petitioned (“sponsored”) by the employer through a form called the I-140 with the Department of Homeland Security (DHS).

Adjustment of Status or Consular Processing

The foreign national can either already be in the United States and adjust their status to obtain their Green Card or interview at a U.S. Embassy or Consulate abroad.

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‍How to Obtain the EB-3 Unskilled Visa

Two Pathways

A foreign national can obtain the EB-3 Unskilled Visa by either:

1. Adjusting their status in the United States from a student visa or other type of visa to the EB-3 Visa.
2. Applying overseas to be interviewed at the local U.S. Embassy or Consulate.

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Step 1: Permanent Labor Certification

Purpose of Labor Certification

A permanent labor certification issued by the Department of Labor (DOL) allows an employer to hire a foreign worker to work permanently in the United States.

Employer’s Role

Before the U.S. employer can submit an immigration petition (USCIS Form I-140) to the DHS’s U.S. Citizenship and Immigration Services (USCIS), the employer must obtain a certified labor certification application from the DOL’s Employment and Training Administration (ETA).

DOL Certification

The DOL must certify to the USCIS that there are not sufficient U.S. workers able, willing, qualified, and available to accept the job opportunity in the area of intended employment and that employment of the foreign worker will not adversely affect the wages and working conditions of similarly employed U.S. workers.

The Job Offer

The employer offers the position to the foreign national, contingent on there being no qualified U.S. worker who will apply for the position in the subsequent recruitment.

Prevailing Wage Request Filing

The ETA 9141 prevailing wage request form contains the position details (job title, duties, requirements, work location) and requests the minimum required wage from the Department of Labor (DOL). Processing time is currently approximately 5 months. You can use our proprietary prevailing wage level calculator app to accurately predict the prevailing wage.

Advertising

• PERM labor certification recruitment for unskilled workers requires:
  • 2 print ads in the Major Sunday Newspaper.
  • A 30-day posting with the State Workforce Agency.
  • An internal PERM Notice of Filing
  These recruitment procedures exist to ensure that employers are not depriving qualified U.S. workers of employment.

ETA 9089 Labor Certification Filing

Once the recruitment period has ended, and there are no qualified U.S. workers who applied for the advertised position, the ETA 9089 PERM Labor Certification can be filed.

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Step 2A: I-140 USCIS Filing and I-485 Adjustment of Status Filing

I-140 Petition

Once the labor certification process is complete, the employer and the foreign national petition DHS for the EB-3 immigrant visa with a form called an I-140.

Adjustment of Status

If the foreign national is in the United States in some other legal status, such as a student visa or an E-2 visa, the foreign national will adjust their status to EB-3 under a form called an I-485 with DHS.

Green Card Interview

Once both the I-140 and I-485 are approved, the foreign national will interview at DHS and, if no problems exist, be approved for the Green Card.

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Step 2B: Consular Processing

National Visa Center Instructions

As soon as the I-140 petition is approved by USCIS the foreign national will receive an email from the National Visa Center with instructions on what documentation to bring to the interview at the U.S. Embassy.

Travel to the U.S.

Once the foreign national receives the permanent residence visa, they will be able to travel to the U.S. to start their permanent employment with the sponsoring organization.

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Determine Your Eligibility

Register for an Account

To determine your eligibility or to see if the EB-3 Unskilled Visa would be a good fit for you, register for an account here. You will also be able to chat our team with your questions.