EB3 Employment-Based Green Card

EB-3 visa explained—who qualifies and how to apply.

Getting a U.S. Green Card through employment is a life-changing opportunity, but the EB-3 process is not always smooth. Employers may not fully understand their responsibilities, delays can stretch for months or even years, and a small mistake in paperwork can lead to denial. What happens if your job offer falls through? What if the labor certification gets rejected? These are real risks that applicants face. An EB3 Green Card lawyer in Jacksonville can help you avoid setbacks and keep your case moving forward. 

They work with your employer to meet all requirements, handle complex paperwork, and step in when unexpected issues arise. Without proper guidance, even strong applicants can face unnecessary delays. Understanding the process and knowing what to expect is essential. Keep reading to learn how to protect your opportunity and take the proper steps toward securing your future in the U.S.

Quick Summary:

• The EB-3 Green Card is a U.S. employment-based visa that allows foreign workers to gain permanent residency through employer sponsorship. It is divided into three categories: Skilled Workers, Professionals, and Other Workers (Unskilled). Each category has different qualifications, such as work experience or education requirements. To apply, an individual must have a valid employment offer from a U.S. employer willing to go through the labor certification process.
• The process begins with the PERM Labor Certification, where the employer must prove that no qualified U.S. workers are available for the job. Next, the employer files Form I-140, Immigrant Petition for Alien Worker, which establishes the applicant’s eligibility and the employer’s ability to pay the required wage. Once approved, the applicant must either adjust their status in the U.S. or go through consular processing abroad. The process can take years, depending on visa availability.
• EB-3 Green Card holders receive permanent residency, allowing them to live and work in the U.S. without renewing a visa. They have job flexibility, meaning they are not tied to a specific employer after receiving their Green Card. Spouses and unmarried kids under 21 can also qualify for Green Cards as dependents, keeping families together. After five years of residency, holders may apply for U.S. citizenship, gaining full legal rights and protection.
• The EB-3 process is lengthy and can take years, especially for applicants from countries with high demand, like India and China. Errors in paperwork, missing documents, or employer mistakes in the labor certification process can cause further delays or denials. Applicants must also rely on their employer for sponsorship, meaning any job loss before approval could put their application at risk. USCIS may issue Requests for Evidence (RFEs), requiring additional proof, which can further extend processing times.
• Applicants should ensure all documents are correct and complete, including job descriptions, employer financial records, and wage details. Employers must properly handle the labor certification process, including advertising and recruitment efforts, to avoid mistakes. Preparing for consular interviews and responding quickly to any government requests can help prevent unnecessary setbacks.

What is an EB3 Green Card?

The EB3 Green Card is an employment-based immigrant visa that falls under the third preference category for U.S. permanent residency. It is designed for foreign nationals who a U.S. employer sponsors to fill positions for which no qualified U.S. workers are available. This visa is particularly suited for individuals who do not meet the stricter EB1 or EB2 category requirements.

Who Can Apply for an EB3 Green Card?

The EB-3 Green Card is available to foreign workers who have a U.S. employer willing to sponsor them. It’s divided into three subcategories, each with different requirements. Knowing which one fits your situation is the first step toward a successful application.

• Skilled Workers (EB-3A) must demonstrate at least two years of job experience, training, or education. The job must require at least two years of training or experience and cannot be temporary or seasonal.
• Professionals (EB-3B) must possess a U.S. baccalaureate degree or its foreign equivalent. The degree must be the standard requirement for entry into the profession, and experience or other education cannot substitute for this degree.
• Other Workers (Unskilled Workers) (EB-3C) must be capable of performing unskilled labor that requires less than two years of training or experience. The job must not be temporary or seasonal and must address a shortage of qualified U.S. workers.

Advantages of the EB-3 Green Card

The EB-3 Green Card provides a reliable way for foreign workers to gain lawful permanent residency in the U.S. It allows applicants to work, live, and eventually apply for citizenship, making it an attractive option for many.

• Permanent Residency Status: The EB3 Green Card grants lawful permanent residency, allowing individuals to live and work in the U.S. indefinitely without the need for ongoing visa renewals.
• Pathway to U.S. Citizenship: After maintaining permanent residency for a specified period (typically five years), holders can apply for U.S. citizenship, gaining additional rights such as voting and eligibility for federal jobs.
• Work Authorization: EB3 Green Card holders can work for any employer in the U.S. without needing additional work authorization or sponsorship, providing greater job flexibility and security.
• Family Benefits: The ability to bring eligible family members (spouse and unmarried children under 21) to the U.S. as dependents allows families to stay together and enjoy similar rights and privileges.
• Economic Opportunities: Permanent residents can fully participate in the U.S. job market, access various economic opportunities, and benefit from a high standard of living and diverse cultural experiences. 

How Does the EB-3 Green Card Sponsorship Process Work?

This visa category provides a way to permanent residency and eventual citizenship, making it an attractive option for skilled and unskilled foreign workers seeking opportunities in the United States

The EB-3 Green Card sponsorship application process consists of several critical steps that must be followed to secure permanent residency in the United States. Here’s a detailed breakdown of the process:

Obtaining a PERM Labor Certification

The first step in securing employment-based permanent residency in the U.S. is obtaining a PERM Labor Certification from the U.S. Department of Labor. This procedure ensures that hiring a foreign worker will not negatively impact U.S. job opportunities. The employer must:

• Define the job role and minimum qualifications required for the position.
• Request a prevailing wage determination (PWD) from the DOL to confirm that the offered wage aligns with local wage standards.
• Conduct recruitment efforts to prove that no qualified U.S. workers are available for the job. This usually involves job advertisements, reviewing applications, and interviewing candidates.

Filing the I-140 Immigrant Petition

Once the PERM Labor Certification is approved, the employer must file an I-140 Immigrant Petition for Alien Worker with U.S. Citizenship and Immigration Services (USCIS). This step is essential to:

• Verify that the foreign worker meets the job qualifications outlined in the PERM certification.
• Demonstrate that the employer can financially support the worker’s salary, ensuring long-term job stability.

I-140 petitions typically take several months to process, but premium processing is available for faster adjudication.

Adjustment of Status or Immigrant Visa Application

After the I-140 petition is approved, the foreign worker must complete one of the following based on their location:

• Adjustment of Status (Form I-485): If the worker is already in the U.S., they can apply to adjust their status to permanent resident.
• Immigrant Visa Application: If outside the U.S., they must apply for an immigrant visa at a U.S. consulate when a visa number is available.

Important Considerations:

• Documentation: Various supporting documents are required throughout the process, including proof of qualifications, employment letters, and identity documents.
• Processing Times: Timelines vary based on factors like labor market testing and USCIS processing speeds. Generally, PERM certification takes 2-3 months, and I-140 processing may take several months more.

This structured approach ensures that both employers and foreign workers comply with U.S. immigration laws while facilitating a pathway to permanent residency through employment sponsorship.

What Are the Challenges of the EB-3 Green Card Process?

While the EB-3 Green Card offers many benefits, the process is not simple. Applicants must be prepared for long wait times, complex paperwork, and employer sponsorship requirements. Understanding these challenges can help applicants set realistic expectations.

• Lengthy Application Process: The EB3 application process can be time-consuming, often taking a year or more, with potential delays due to backlogs, especially for applicants from countries with high demand like India and China.
• Complex Documentation Requirements: The process involves extensive paperwork, including obtaining a PERM Labor Certification, which can be complicated and requires careful attention to detail to avoid errors that could lead to delays or denials.
• Job Offer Dependency: The EB3 Green Card is employer-sponsored, meaning applicants must secure a job offer from a U.S. employer willing to sponsor them, which can limit options if job offers are not readily available.
• Potential for Requests for Evidence (RFEs): Applicants may receive RFEs from USCIS requesting additional information or documentation, which can prolong the process and require prompt and thorough responses to avoid complications.
• Limited Availability of Visas: The number of EB3 visas issued annually (approximately 40,000) is capped, which can lead to longer wait times for applicants from countries with high application volumes due to per-country limits.

How Can I Increase My Chances of Approval For An EB3 Green Card?

Since this process involves multiple steps, including employer sponsorship, labor certification, and government approval, applicants must ensure everything is done correctly.

• Engage an Immigration Attorney: Hiring an experienced EB3 Green Card lawyer Jacksonville can significantly enhance your application. They can provide guidance on documentation, ensure compliance with legal requirements, and help manage the complexities of the application process, which can lead to a higher likelihood of approval.
• Ensure Accurate and Complete Documentation: Thoroughly prepare all required documents, including the PERM Labor Certification and Form I-140. Ensure all information is accurate and complete to avoid delays or denials due to missing or incorrect information.
• Maintain Clear Communication with Your Employer: Keep open lines of communication with your employer regarding your intentions and any exceptional circumstances related to your application. This ensures they fully know their responsibilities and can support you effectively.
• Prepare for the Consular Interview: If applying from outside the U.S., prepare thoroughly for the consular interview by reviewing potential questions and ensuring you have all necessary supporting documents ready. This preparation can help demonstrate your eligibility and commitment to residing in the U.S.

Worried About Approval? Call Our EB3 Green Card Lawyer Jacksonville Now!

Waiting for an EB-3 Green Card approval can be frustrating, especially when unexpected problems arise. Many applicants face delays. Your case could also be denied if your employer doesn’t correctly complete recruitment steps or struggles to meet wage requirements. Requests for more evidence from USCIS can also slow things down, sometimes adding months to the process.

At Scarborough Law LLC, we’ve been handling Business Immigration, Family Immigration, and Citizenship and Naturalization cases for many years. We work directly with employers and applicants to fix documentation errors, ensure compliance with labor certification rules, and respond to USCIS requests quickly. If you’re concerned about your case, don’t wait until it’s too late. Call us today for a consultation, and let us help you confidently move forward.