Applying for an EB-3 visa for unskilled workers involves a multi-step process primarily initiated and supported by a U.S. employer, focusing on a permanent, full-time job offer that no qualified U.S. workers are available to fill.
The EB-3 visa category is designed for various types of workers, including professionals, skilled workers, and unskilled workers. For those applying as unskilled workers, the pathway to obtaining a green card requires the U.S. employer to first secure a labor certification from the Department of Labor, demonstrate a genuine offer of permanent, full-time employment, and then file an immigrant petition with U.S. Citizenship and Immigration Services (USCIS) on behalf of the foreign national.
Understanding the EB-3 Unskilled Worker Category
The EB-3 Unskilled Worker subcategory (often referred to as "Other Workers") is specifically for individuals performing jobs that require less than two years of training or experience, and which are not temporary or seasonal in nature. These positions are typically those for which U.S. workers are scarce.
Step-by-Step Application Process for EB-3 Unskilled Workers
The application journey for an EB-3 unskilled worker visa is complex and primarily driven by the sponsoring U.S. employer.
Step 1: Secure a Permanent Job Offer
The very first requirement is to receive a concrete, permanent, full-time job offer from a U.S. employer. This job must be for a position that qualifies as an "unskilled worker" role, meaning it requires less than two years of training or experience.
Step 2: Labor Certification (PERM) Application
This is a critical and often the longest step, handled by the sponsoring U.S. employer.
The employer must:
- Determine the Prevailing Wage: Obtain a prevailing wage determination from the Department of Labor (DOL) for the specific job offered.
- Conduct Recruitment: Actively recruit U.S. workers for the position, typically through advertisements in newspapers, job search websites, and other common recruitment channels. The goal is to prove that there are no qualified, willing, and available U.S. workers for the job.
- File ETA Form 9089: If no qualified U.S. workers are found, the employer files ETA Form 9089, Application for Permanent Employment Certification, with the DOL. This form details the job requirements, the recruitment efforts, and the foreign worker's qualifications.
- Receive Certification: Once the DOL certifies that no qualified U.S. workers were found for the position, the labor certification is approved. This certification is valid for 180 days from the date of issuance.
Step 3: File Form I-140, Immigrant Petition for Alien Worker
Once the labor certification is approved, the U.S. employer proceeds to file Form I-140, Immigrant Petition for Alien Worker, with U.S. Citizenship and Immigration Services (USCIS).
- Purpose: This petition officially requests USCIS to classify the foreign worker as an immigrant under the EB-3 category.
- Required Documents: The petition must include the approved labor certification, the job offer, and evidence that the employer has the financial ability to pay the offered wage.
- Premium Processing: Employers may opt for premium processing for Form I-140, which expedites the USCIS adjudication to within 15 calendar days for an additional fee.
Step 4: Visa Availability (Priority Date)
Upon approval of Form I-140, the foreign worker's "priority date" is established (usually the date the labor certification was filed). Due to annual limits on immigrant visas, there is often a waiting period, especially for certain nationalities, before a visa number becomes available.
- Visa Bulletin: The Department of State's monthly Visa Bulletin indicates the availability of immigrant visas for various categories and countries. An applicant can only proceed to the next step when their priority date is "current."
Step 5: Adjustment of Status or Consular Processing
Once a visa number becomes available (i.e., the priority date is current), the foreign worker can apply for their green card through one of two pathways:
- Adjustment of Status (Form I-485): If the foreign worker is already in the U.S. on a valid non-immigrant visa, they can file Form I-485, Application to Register Permanent Residence or Adjust Status, with USCIS. This allows them to change their status from a non-immigrant to a permanent resident without leaving the U.S.
- Consular Processing (DS-260): If the foreign worker is outside the U.S., or chooses to process abroad, their case is sent to the National Visa Center (NVC). The NVC processes their documents, after which they attend a visa interview at a U.S. embassy or consulate in their home country, filing Form DS-260, Immigrant Visa Application.
Step 6: Interview and Approval
- Interview: For both adjustment of status and consular processing, the applicant will attend an interview with an immigration officer (USCIS or Consular Officer). They will be asked about their application, qualifications, and the job offer.
- Approval: If the interview is successful and all requirements are met, the green card (for adjustment of status) or immigrant visa (for consular processing) is approved. Upon entering the U.S. with an immigrant visa, the applicant officially becomes a lawful permanent resident.
Key Requirements at a Glance
| Requirement | Description | Responsibility |
|---|---|---|
| Job Offer | Permanent, full-time employment from a U.S. employer. | Employer |
| Labor Certification | DOL certification that no qualified U.S. workers are available for the job. | Employer (via ETA Form 9089) |
| Immigrant Petition | Filing Form I-140 with USCIS to classify the foreign worker. | Employer |
| Visa Availability | Priority date must be current according to the monthly Visa Bulletin. | N/A (determined by Department of State quotas) |
| Final Application | Adjustment of Status (I-485) or Consular Processing (DS-260) and Interview. | Foreign Worker (with employer support) |
Important Considerations and Tips
- Employer Commitment: The success of an EB-3 unskilled petition heavily relies on the sponsoring employer's commitment and ability to navigate the complex immigration process.
- Processing Times: Be prepared for potentially long processing times, especially for the labor certification and the visa availability wait, which can vary significantly by country of origin.
- Legal Assistance: Due to the complexities, it is highly recommended for both the employer and the foreign worker to consult with an experienced immigration attorney. An attorney can ensure all forms are correctly filed, deadlines are met, and potential issues are proactively addressed.
- Documentation: Maintain meticulous records of all documents, communication, and filings throughout the entire process.
The EB-3 unskilled worker visa offers a path to permanent residency in the U.S. for individuals filling specific employment needs, making it a viable option for many seeking to live and work in the United States permanently.
