Extraordinary Ability Visas for the Most Talented Individual
Pathway to U.S. Permanent Residency for Extraordinary Talent
The EB-3 Visa is an employment-based green card category for skilled workers, professionals, and unskilled workers. It provides permanent residency to foreign nationals with specific qualifications who have a job offer from a U.S. employer. Below is a detailed explanation of the EB-3 immigration process:
Who is Eligible for the EB-3 Visa?
EB-3 Categories
- Skilled Workers:
- Requires at least 2 years of job experience, training, or education relevant to the offered position.
- The job cannot be temporary or seasonal.
- Professionals:
- Requires at least a U.S. bachelor’s degree or its foreign equivalent.
- The position must typically require a bachelor’s degree.
- Unskilled Workers (Other Workers):
- Requires less than 2 years of training or experience.
- These positions are for non-seasonal jobs that do not require specific skills.
How to Apply for the EB-3 Visa
STEP 1: Obtain a Permanent Job Offer
STEP 2: Labor Certification (PERM Process)
- A U.S. employer must offer a permanent, full-time job to the applicant.
- The job must meet the requirements for one of the EB-3 subcategories.
STEP 2: Labor Certification (PERM Process)
STEP 2: Labor Certification (PERM Process)
The employer must complete the PERM (Program Electronic Review Management) labor certification process through the U.S. Department of Labor (DOL). This process ensures that:
- No qualified U.S. workers are available for the job.
- Employing a foreign worker will not adversely affect wages or working conditions for U.S. workers.
Steps in the PERM Process:
- Job Requirements and Prevailing Wage:
- The employer defines the job’s duties and requirements.
- The employer must obtain a prevailing wage determination (PWD) from the DOL, ensuring the offered salary meets regional standards.
- Recruitment Efforts:
- The employer must advertise the job in various outlets (e.g., newspapers, job boards) and conduct recruitment activities to find qualified U.S. workers.
- Filing the PERM Application:
- If no qualified U.S. workers are found, the employer files the ETA Form 9089 with the DOL.
Processing Time:
- PERM certification typically takes 6–12 months, or longer if audited.
STEP 3: File Form I-140 (Immigrant Petition for Alien Worker)
Once the PERM certification is approved, the employer files Form I-140 with U.S. Citizenship and Immigration Services (USCIS).
Steps:
- Submit Supporting Evidence:
- Approved PERM labor certification.
- Proof that the applicant meets the job’s education, experience, or skill requirements.
- Financial evidence proving the employer can pay the offered wage.
- Pay Filing Fee:
- The current filing fee for Form I-140 is $700.
- Premium Processing:
- Employers may choose premium processing for an additional fee, reducing the processing time to 15 calendar days.
STEP 4: Wait for Priority Date to Be Current
STEP 5: Adjustment of Status (If in the U.S.) or Consular Processing
- The priority date is the date the PERM application was filed.
- Applicants must monitor the Visa Bulletin to determine when their priority date becomes current.
- EB-3 categories may have waiting times depending on the applicant’s country of birth.
STEP 5: Adjustment of Status (If in the U.S.) or Consular Processing
STEP 5: Adjustment of Status (If in the U.S.) or Consular Processing
STEP 5: Adjustment of Status (If in the U.S.) or Consular Processing
Once the priority date is current, the applicant can apply for permanent residency.
A. Adjustment of Status (Form I-485):
- If the applicant is already in the U.S. on a valid visa, they can file Form I-485, Application to Adjust Status.
- Supporting Documents:
- Proof of lawful presence (Form I-94 or visa records).
- Medical examination results (Form I-693).
- Evidence of financial sponsorship (Form I-864, if applicable).
- Processing Time: 8–14 months on average.
- Work and Travel Authorization:
- Applicants can file Form I-765 (Employment Authorization Document) and Form I-131 (Advance Parole) to work and travel while waiting for the green card.
B. Consular Processing:
- If the applicant is outside the U.S., they proceed through consular processing at a U.S. embassy or consulate.
Steps:
- National Visa Center (NVC) Processing:
- After I-140 approval, the case is sent to the NVC, which collects required fees and documents.
- Visa Interview:
- The applicant attends a visa interview at the U.S. embassy or consulate in their home country.
- Immigrant Visa Issuance:
- If approved, the applicant receives an immigrant visa and can enter the U.S. as a permanent resident.
STEP 6: Receive Green Card
STEP 5: Adjustment of Status (If in the U.S.) or Consular Processing
STEP 5: Adjustment of Status (If in the U.S.) or Consular Processing
- Upon approval of the adjustment of status or consular processing, the applicant becomes a lawful permanent resident and receives a green card.
Additional Considerations for EB-3 Visa?
Obtain Permanent Residency in the U.S.
- Dependents:
- Spouses and unmarried children under 21 can apply as derivative beneficiaries.
- Visa Bulletin:
- The waiting time for EB-3 varies depending on the applicant’s country of birth. Countries like India and China often experience significant backlogs.
- Cost Overview:
- PERM Certification: Employer’s cost for recruitment and processing.
- Form I-140 Filing Fee: $700.
- Form I-485 Filing Fee (Adjustment of Status): $1,140 for adults, plus $85 biometric fee.
- Validity and Citizenship Path:
- EB-3 green cards are permanent.
- Holders can apply for U.S. citizenship after 5 years of continuous residence.
Timeline Overview
- PERM Labor Certification: 6–12 months (or longer if audited).
- Form I-140 Processing: 6–12 months (15 days with premium processing).
- Adjustment of Status or Consular Processing: 8–14 months.
Total processing time can vary significantly depending on PERM approvals and visa bulletin backlogs.
The EB-3 process is a structured path to permanent residency, requiring careful planning and compliance with all requirements. If you need more details or assistance, let me know!
Ready to begin your EB-3 Visa Journey?
Let the Experts at New Path Group Services Help Through the Process
If you’re unsure about which visa option may be right for you and your partner, or you just want to discuss your immigration plans in more detail, reach out to our team today. Our experienced team of visa specialists can walk you through the specifics of each visa path, and help you choose the best route based on your needs.