Interview

A Visa interview is one of the major requirements in the EB3 application process. The interview is conducted in a US embassy or consulate in your home country. It’s not different from other US visa interviews. The purpose is to verify that the submitted information and documents are genuine.

Your interview date depends on the processing time of your Visa. You’ll be sent an appointment letter, most likely by email, with your interview date. It’s important to carry all necessary documents with you to your interview. However, you don’t have to go with copies of documents you’ve already submitted.

Before your interview, you may need to go for biometric services. At the interview, the immigration officer will ask you questions about yourself. If you provide all necessary documents and perform well at the interview, you should receive approval of your visa application at the end of the interview.

If your visa application is approved, your international passport gets the EB3 visa stamp. You’ll also receive a sealed packet which you shouldn’t open. The packet will be submitted to a US customs officer at your point of entry.

It’s important that you travel before the expiration date on your Visa. 

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Family of EB3 Green Card Holders

Your family members can apply for derivative visas under the EB3 category. This applies to spouses and unmarried children not up to 21 years old. The available visas include:

E34 Visa: for spouses of skilled workers and professionals
EW4 Visa: for spouses of unskilled workers or other workers
E35 Visa: for children of skilled workers and professionals
EW5 Visa: for children of unskilled or other workers

Medical Examination 

A medical examination is necessary before you attend your interview. All US immigrants must undergo a medical examination irrespective of their age. This is to prove that you’re healthy enough to live and work in the United States. You may also need to receive certain vaccinations.

The medical examination will be conducted by a Government-authorized panel doctor. You can’t attend your interview or get your Visa approved with a medical certificate from a non-authorized doctor. There’s usually a list of panel doctors in different countries. The embassy can also recommend one for you.

As for vaccinations, you can provide proof of prior vaccinations from any licensed doctor in your home country. This may include vaccination for measles, polio, hepatitis A & B, and influenza.

Processing time

The EB3 Visa takes a relatively long time to process. It can take between 1 and 3 years, depending on your country of origin. For some countries with a low annual visa cap, it can take up to 6 years. The processing time for PERM labor certification is about 6 to 9 months.

Your visa application can be rejected if a US-based skilled, professional, or unskilled worker becomes available during this waiting period. This is why most employers opt to pay for premium processing services if they meet the requirement.

Application Fees

The filing fee for the Petition is $700 but Premium Processing, which gets the petition assessed in about 15 days is also possible for an extra $2,500. 

Your employer, as the petitioner, is the one to pay these fees and not you, although anyone can pay fees in reality.

Fees must be paid when the petition is submitted. The payment receipt must be included in the supporting documents.

Other fees aside from the official application fees may also apply. You may pay for medical examinations and vaccinations if required. Fees may also apply for translations or a translator for your visa interview if you need one. These other costs are not fixed. They vary from country to country.

EB3 is one of the five employment-based green card categories that enables foreign professionals to live and work in the US permanently. 

What is Labor Certification?
What is a Prevailing Wage Determination?
Eligibility
Application Process
Filing Fees
Processing Time
Medical Exam
Family Members
Interview

Application Process

Just like most other employment-based processes, employers are the ones to file the EB3 visa applications. You cannot self-petition your application. The application process involves filling and submitting a Petition.

The Petition is about the employer and the beneficiary (employee). Your employer must provide information about their company or themselves. This includes names/company names, SSN or IRS tax numbers, and mailing addresses.

Your employer must also provide necessary information about you, the employee, or the beneficiary. This includes name, home country, and date of birth. 

After submission, you’ll get a notice confirming that USCIS has received your application. 

What is a Prevailing Wage Determination?

The U.S. employer must pay at least 100% of the "prevailing wage." This is what US workers are usually paid to do the same job. This is known as PERM Certification. 

Eligibility

The eligibility for the EB3 Visa differs for the three categories.

For Skilled Workers

- You must have at least 2 years of working or training experience.
- Relevant post-secondary school education may be considered as training
- You must be working in a role for which there is an unavailability of qualified US workers.

For Professionals

- You must be performing a role that no skilled worker in the US is available for
- You must have adequate job experience in your professional field.
- You must have a US college bachelor’s degree or a foreign degree equivalent from any country.

For Unskilled or Other Workers

- You must be performing a role that no worker in the US is available for
- You must be able to perform non-seasonal and permanent unskilled labor

Labor Certification Required? Yes

All three categories of the EB3 Visa require a labor certification and a full-time or permanent job offer from a US employer. The labor certification must be approved by the US Department of Labor.

What is Labor Certification?

Labor certification requires U.S. employers to certify that no U.S. workers meet the minimum qualifications and so hiring the sponsored migrant will not displace US workers from a job. Specifically:

- There are insufficient available, qualified, and willing U.S. workers to fill the position being offered at the prevailing wage
- Hiring a foreign worker will not adversely affect the wages and working conditions of similarly employed U.S. workers