EB-3 Visa | U.S. Green card for Individuals with Basic Vocational Training

• EB-3A: Professional workers
  The prerequisite is that the applicant has a degree that is at least equivalent to a U.S. bachelor's degree. In addition, this degree must be required for the desired job in the U.S. or for a comparable occupation. Unlike the H-1B visa, a lack of a bachelor's degree cannot be compensated for by work experience.
   
• EB-3B: Skilled workers
  The requirement here is that the applicant can usually demonstrate two years of professional experience for the desired employment in the U.S.
   
• EB-3B: Other workers
  The requirement in this subcategory is that the applicant has the work experience or training required for the job, with the usual training period being less than two years. The job must not be temporary or seasonal in nature (as is the case with the H-2B visa, for example).

For all subcategories, the U.S. employer must prove that it was unable to fill the respective position with a preferred employee (U.S. citizen, person with legal permanent resident status). It must advertise the position and, if necessary, conduct interviews with U.S. citizens (or green card holders). A so-called labor certification is required. Unlike the EB-2 visa, a National Interest Waiver is not an option in the EB-3 category.

In addition, the U.S. employer must pay the applicant at least 100 percent of the wage paid for a comparable position in the local area where the job is located. To determine this prevailing wage, the U.S. employer must submit a Prevailing Wage Inquiry to the local U.S. employment agency.

An EB-3 visa can be applied for once all requirements have been met. The application for an EB-3 green card is a three-step process:

Step 1: Job advertisement by the U.S. employer

Before submitting the actual visa application (petition), the following steps must be taken by the U.S. employer:

• The U.S. employer submits a prevailing wage request to the relevant employment agency.
• The U.S. employer advertises the position in two newspapers and at the local U.S. employment agency. Certain deadlines and formal requirements must be observed. In particular, the process also differs depending on which subcategory of the EB-3 visa is being considered. If applicants respond to the advertised position, the U.S. employer must conduct interviews and, if necessary, be able to show why the applicants were not suitable.
• If the position could not be filled, the U.S. employer submits a Labor Certification Application to the U.S. Department of Labor.

Step 2: Submission of the petition by the U.S. employer

The I-140 petition can now be submitted to the U.S. immigration authorities. Here, too, deadlines resulting from the approval of the Labor Certification Application must be observed. The I-140 fee is currently USD 715. Optionally, so-called Premium Processing (USD 2,805) can be selected.

Step 3: Application for an EB-3 green card by the employee

If the petition is approved, the employee can apply for a green card or an immigrant visa. There are two options for this:

• If the employee is already legally in the U.S., they can apply for an adjustment of status locally to change their status from “non-immigrant” to “immigrant.”
• If an adjustment of status is not possible or not desired, an immigrant visa is applied for at a U.S. consulate outside the U.S. (application fee: USD 345, as of August 2022). After paying a so-called immigrant fee of USD 220 (as of August 2022) and entering the U.S. with the immigrant visa within the specified time limit, the applicant will then automatically receive the green card by mail at a U.S. address to be specified in the visa application process.

Spouses and children under the age of 21 of an EB-3 applicant can also obtain a green card. Spouses can apply for a work permit (EAD) after entering the country.

Unlike non-immigrant visas, the validity of a green card does not depend on employment. For example, if a person is employed in the U.S. on an L visa and resigns or is terminated, they must generally leave the U.S. The situation is different with a green card: although an employer is required to go through the process with the applicant when applying for a job-based green card, once the green card is obtained, it is not dependent on a minimum period of employment or similar requirements.

The EB-3 process, i.e. the process of obtaining a U.S. green card through employment, is quite time-consuming and can take several years. The process is divided into several stages, each of which can take a different amount of time:

• Prevailing wage determination: approx. 6–12 months
• Recruitment phase: approx. 3–9 months
• PERM processing: approx. 6–18 months (significantly longer in the event of an audit)
• I-140 petition: several months, or 15 days with premium processing
• Consular processing or adjustment of status (AOS): approx. 6–12 months

Overall, the EB-3 process usually takes between 3 and 5 years. In certain categories in particular – such as unskilled workers – the time frame can be significantly longer due to waiting times in the Visa Bulletin.