EB-3 Visa: What You Need to Know

 

As an international nurse or any foreign worker planning to work in the United States, the Employment-Based Third Preference Visa (EB-3) offers a significant opportunity to realize your aspirations. An EB-3 visa is a type of employment-based green card that allows you to work in a specific field in the U.S. In this article, we will answer some of the most common questions about the EB-3 visa, such as:

  • What is the EB-3 visa?

  • How to qualify for the EB-3 visa?

  • What are the benefits of the EB-3 visa?

  • What are the challenges of the EB-3 visa?

  • How long does it take to get an EB-3 visa?

  • How much does it cost to apply for an EB-3 visa?

  • Can you bring your dependents with you on an EB-3 visa?

What is the EB-3 visa?

The EB-3 visa is also known as the employment third preference visa category. It is designed for three categories of people: skilled workers, professionals, and (unskilled Workers) (other workers). Skilled workers are those whose jobs require at least two years of training or experience, not of a temporary or seasonal nature. Professionals are those whose jobs require at least a U.S. baccalaureate degree or a foreign equivalent degree and are members of the professions. Other workers are those performing unskilled labor requiring less than two years of training or experience, not of a temporary or seasonal nature.

For more information on the eligibility criteria and evidence required for each subcategory, please visit [this page].

How to qualify for the EB-3 visa?

To qualify for the EB-3 visa, you must have a permanent, full-time job offer from a U.S. employer who is willing to sponsor you and file a petition on your behalf. You must also meet the educational, training, or experience requirements of the job opportunity. Additionally, your employer must obtain a labor certification from the Department of Labor (DOL), which is a process that proves that there are no qualified U.S. workers available for the position and that hiring you will not adversely affect the wages and working conditions of U.S. workers.

What are the benefits of the EB-3 visa?

The EB-3 visa offers several benefits for foreign nurses who want to work and live in the US permanently. Some of these benefits include:

  • Provides permanent residence in the US, which means you can live and work anywhere in the country without restrictions.

  • Allows you to travel freely in and out of the US with a valid passport and green card.

  • Allows you to apply for dependent visas for your spouse and any unmarried children under the age of 21, who can also live and work in the US as permanent residents.

  • Allows you to apply for U.S. citizenship after five years of continuous residence in the US.

  • Allows you to enjoy various rights and privileges as a U.S. resident, such as access to education, health care, social security, etc.

Read: The Ultimate Guide to Studying in the USA for International Nurses

What are the challenges of the EB-3 visa?

While the EB-3 visa is an attractive opportunity for many, there are various challenges to consider:

  • One of these is the annual numerical limit set on the EB-3 visa, restricting the number of visas available each year for each country and subcategory. This numerical cap often leads to significant wait times and backlogs for applicants, particularly those from high-demand countries such as India, China, and the Philippines.

  • The application process for the EB-3 visa is another considerable hurdle. The procedure is lengthy and intricate, involving multiple steps and agencies like the DOL, USCIS, NVC, and DOS. Depending on factors like your country of origin, subcategory, and priority date, the entire process can span several months to years.

  • Extensive documentation and evidence are required to establish eligibility and qualifications for the job offer, adding to the complexity of the EB-3 visa. Applicants must provide a range of documents, such as educational credentials, work experience certificates, and license verification. These may need to be translated, evaluated, or verified by third parties, making the process even more daunting.

  • Finally, obtaining the EB-3 visa demands a high degree of commitment and loyalty from both the applicant and their employer. A valid employer-employee relationship must be maintained throughout the application process and even after receiving the green card. Furthermore, once an applicant has entered the US on their immigrant visa, they must continue to work for their sponsoring employer for at least six months.

How long does it take to get an EB-3 visa?

The process to obtain an EB-3 visa and immigrate to the United States is a lengthy one and is dependent on several factors. The steps involved include:

Processing Times

  • U.S. Department of Labor (DOL): Processing the employer's labor certification application (ETA 9089 form) can take 6-12 months.

  • U.S. Citizenship & Immigration Services (USCIS): Adjudicating the immigrant petition (Form I-140) and adjustment of status application (Form I-485) can take 6-12 months.

  • U.S. Department of State (DOS): Processes visas and manages the availability of visa numbers in your preference category and country of chargeability.

  • National Visa Center (NVC): After USCIS approves your case, it transfers it to the NVC, which can take 8-12 weeks. The NVC then processes your additional civil documents to get the embassy interview scheduled, which can take 6-12 months.

  • U.S. Postal Service (USPS): Delivers the relevant documents.

Preparation Time

This includes:

  • Gathering data and documentation

  • Drafting forms

  • Supporting explanations

  • Fact-checking

  • Obtaining signatures

  • Filing fees

  • Mailing time

Other Overriding Concerns

You must also consider:

  • Whether published USCIS processing times are accurate

  • Whether a processing change has occurred or is imminent

  • Whether an action of the Executive Branch (executive order) will affect the case

With these factors taken into account, the EB-3 visa process can take anywhere from one to six years or more. The timeline is variable and depends on your specific circumstances. You can check the current visa bulletin [here] to see the cut-off dates for your preference category and country of chargeability. You can also check the current processing times for your forms [here] and [here].

How much does it cost to apply for an EB-3 visa?

The cost of applying for an EB-3 visa varies depending on whether you are adjusting your status in the U.S. or applying through consular processing abroad. In general, you can expect to pay the following fees:

  • USCIS adjustment of status fee: This fee is paid by you if you are applying in the U.S. and is $1,225 for Form I-485, which includes biometrics and work authorization fees.

  • NVC immigrant visa fee: This fee is paid by the employer on behalf of the candidate. If the candidate has family, then they are responsible for the family members (dependents).

  • Medical examination fee: This fee is paid by you to a designated physician who will conduct your medical exam. It can vary depending on your location and health condition.

  • Other fees: You may also have to pay for other expenses, such as translations, photocopies, courier services, travel costs, etc.

For more information on the fees and payment methods for each form, please visit [this page] and [this page].

Read: Understanding Credential Evaluations for U.S. Jobs and Scholarship Opportunities

Can you bring your dependents with you on an EB-3 visa?

Yes, you can bring your spouse and unmarried children under 21 years of age with you on an EB-3 visa. They will be eligible for a derivative green card in the same preference category and country of chargeability as you.

If you're applying for an adjustment of status within the U.S., that's when your dependents will need to submit their own individual forms and fees. Additionally, they will also have to provide proof of their relationship with you, such as marriage certificates and birth certificates, in the process of securing their green card within the U.S.

On the other hand, if you're applying for consular processing abroad, your dependents can apply for their immigrant visas either simultaneously with you, or they can choose to follow you within six months of your visa being issued. In this scenario, they are included in the parent's application.

For more information on how to apply for a green card for your dependents, please visit [this page].

The EB-3 visa provides a viable pathway for international nurses and their families to gain permanent residency in the United States. While the process may be complex and time-consuming, with patience and meticulous adherence to procedures, it offers an opportunity to build a rewarding career and life in the U.S.

Are you an international nurse aspiring to work in the US? Look no further than BridgeWay for expert guidance and support on your journey. Our team specializes in recruiting international nurses and providing invaluable assistance with the EB-3 visa. We understand the importance of a smooth transition, and our dedicated professionals will navigate the intricacies of the visa process with you. Let BridgeWay be your trusted partner as you embark on your American dream, ensuring a seamless experience from start to finish.

 
Relocation, Visa, Tips, Nursing GuideEdzel UbaldeNursing Visa Requirements, Green Card, EB-3 Visa, Employment-Based Third Preference Visa