If you are considering applying for this type of green card, reach out to an EB3 green card attorney at Hayoon Kane Law Firm, PLLC.
What Is an EB3 Green Card?
An EB3 green card is a labor-based category that will allow you the right to live and work in the United States. The requirements for this category of green card are not as exact as you will find for other types of labor-based green cards. This type of green card presents a significant opportunity to begin your residency in the United States and your potential pathway to eventual citizenship, although it is not always an easy one to obtain.
There are three categories of EB3 green cards:
- Professional workers – The profession requires at least a bachelor’s degree, and you are a member of the profession. You must meet any educational, training, or experience requirements of the job opportunity. White collar workers, such as architects and engineers may qualify under this category, as well as other workers like teachers.
- Skilled workers – You are capable of performing skilled labor and whose job requires at least two years of training or experience, and the work is not of a temporary or seasonal nature. It is common for information technology workers and electricians to apply under this category.
- Other workers – You may qualify as an unskilled worker when you are capable of performing unskilled labor, and the job requires less than two years of training or experience (and the job is not of a temporary or seasonal nature). Thus, you do not have to be a skilled professional to potentially be eligible for entry to the United States under an EB3 green card. You may even qualify for an EB3 green card as a janitor or farmworker when you are able to meet the requirements of the category.
You Must Obtain Certification from the Department of Labor
Unlike a national interest waiver green card, you need to obtain a certification from the Department of Labor before you complete your application for the green card. This certification will state that there are no qualified US workers available for the job and that hiring the foreign worker will not negatively impact US workers’ wages or conditions. Obtaining certification from the Department of Labor may take up to a year, but it is a prerequisite to applying for a green card under the EB3 category.
Does an Employer Have to Sponsor You for an EB3 Green Card?
You cannot apply on your own for an EB3 green card without the help of an employer who has identified you as a candidate for an existing job opening. In other words, you need a sponsor for your application. The job offer must be for a permanent and identified position, which will form the basis of your application. You and the employer must show that you meet the requirements of the position and that your entry into the United States will not adversely affect the country’s job market.
How to Apply for an EB3 Green Card?
As mentioned, the prerequisite for being able to file an application for an EB3 green card is that you have received certification from the Department of Labor. Once you have obtained the certification, you will file Form I-140 with the USCIS. Your form must be accompanied by supporting documentation that shows that you are able to meet the requirements for the green card category under which you are seeking admission to the United States.
Supporting documentation that accompanies your Form I-140 can include:
- Proof that you have a job offer for a specific position
- Evidence of your education and experience that can include your professional background and certificates of your degrees
- Copies of your identification and birth certificate
- Medical and vaccination documents
- Any criminal record
Although all documentation that you will submit is crucial, it is extremely important to show USCIS that you meet the requirements for the individual category for which you are applying. An EB3 green card attorney can help determine what you need to include with your application to hopefully satisfy the USCIS case officer.
How Long Does it Take to Get an EB3 Green Card?
It is difficult to give you much of a concrete indication of when you will be able to have your EB3 green card application approved since there are many variables that may come into play.
First, some countries have longer wait times than others due to the sheer volume of applications that originate from them. For example, applicants from China and India may experience longer waiting times since many people from these countries apply for an EB3 green card. Then, the timing of your application may depend on when someone from USCIS can review it, as the agency often experiences heavy backlogs.
You can expect that it will take at least one year to have your application adjudicated, with the potential that it can take much longer. You cannot even apply in the first place until you receive the Department of Labor certification.
From your standpoint, you should do everything in your own power to make your application go as smoothly as possible. At the very minimum, you should be diligent about your own application to ensure that there are no mistakes or missing documentation that can cause further delays in the process. Hiring an EB3 green card attorney is a solid first step and an investment in the possible success of your application.
What Happens After I Get an EB3 Green Card?
It is functionally the same as any other green cards. You would have the ability to live and work in the United States. The EB3 green card is valid for ten years. This can be renewed upon expiration.
There are many benefits to obtaining an EB3 green card to work in the United States. First, you will have the ability to bring your spouse and unmarried children under the age of 21 into the United States. Second, you will have the potential to apply for United States citizenship after you have been a resident of the country for five years.
Are There Caps on EB3 Green Cards?
Unfortunately, there is not an unlimited amount of EB3 green cards available. The law sets both an overall cap on the number of green cards and the amount available within each category. You may be facing intense competition for a limited number of green cards available, and you may also be subject to a long waiting list, which can stretch multiple years. It is not uncommon for the cap to be reached relatively early in the year.
Although you must apply promptly to take advantage of the limited number of slots, you also cannot rush your application to the point where you may make mistakes that can endanger your petition. The best thing that you can do is to hire an EB3 green card lawyer to take the pressure off of yourself and ensure that there are no mistakes. If you do hear back from USCIS with any concerns, you must give a prompt and thorough response.
How an EB3 Green Card Attorney Can Help You
An EB-3 green card lawyer can be essential in helping you secure permanent residency through employment in the United States. The EB-3 green card is available to skilled workers, professionals, and other workers, but the application process involves strict documentation, employer sponsorship, and a lengthy PERM labor certification process. An experienced EB-3 attorney can guide both the employer and the applicant through every step—ensuring accurate job classification, proper wage determinations, and timely submission of required forms like ETA Form 9089 and Form I-140.
They help prevent delays by identifying potential issues early and responding to any Requests for Evidence. An EB-3 lawyer can also provide insight into priority date movement, visa bulletin updates, and adjustment of status or consular processing options. With professional legal support, you increase the chances of a smooth, successful process, whether you are an individual seeking a green card or an employer hiring foreign talent. Think of hiring an EB3 green card lawyer as an investment in your future or your business.
Contact an EB3 Green Card Law Firm Today
Reach out to an EB3 green card lawyer at Hayoon Kane Law Firm, PLLC, to learn more about how we can help you in the application process. We pride ourselves on providing attentive and customized service to all of our clients. You can schedule a free initial case review with an EB3 green card attorney by filling out an online contact form or by calling us today at (702) 463-7630. Our office is located in Las Vegas, NV, and we help clients throughout the country and world with their immigration law matters.
