-
- USA
- EB-3
EB-3
Employment-Based Immigration Third Preference (EB-3)
Employment-Based Immigration Third Preference (EB-3)
Individuals eligible for the EB-3 immigrant visa category include skilled workers with more than 2 years of experience, professionals holding at least a bachelor's degree, and unskilled workers with less than 2 years of experience in occupations where it is difficult to find qualified workers in the United States. A total of 42,900 EB-3 visas are allocated annually, of which only 5,000 are available for unskilled workers (Other Workers).
EB-3 has less stringent eligibility requirements compared to EB-1 or EB-2, making it a commonly chosen option among Korean applicants. However, obtaining an EB-3 immigrant visa requires long-term proof of financial resources, and applicants must be prepared to wait several years until the visa is issued. Therefore, the sponsoring employer must have the financial capability to maintain the business until the visa is granted. Additionally, due to the long waiting period and high demand, dependent children may age out (turn 21) before the visa is issued, and thus may not be eligible for derivative visas. Applicants are advised to check the current processing times in advance and make an informed decision.
Eligibility Requirements
-
1. Skilled Workers with Over 2 Years of Experience
A minimum of 2 years of relevant experience or education in the field is required. When the employer submits the labor certification, it must be verified that the applicant's field qualifies as that of a skilled worker.
-
2. Professionals Holding a Bachelor's Degree
Degrees earned in the United States or abroad are acceptable. However, education or experience cannot substitute for the degree, and the applicant must demonstrate that their academic qualifications are necessary for the job to be performed.
-
3. Unskilled Workers in Fields Where It Is Difficult to Find Qualified U.S. Workers with Less Than 2 Years of Experience
If an employer can secure an applicant who is at least 21 years old, they may apply regardless of their education or experience.
Processing Procedure
The employer must file Form I-140 with the USCIS Service Center that has jurisdiction over the area where the applicant will be employed. When submitting the I-140 for an EB-3 visa, the application must include an approved labor certification obtained through the PERM process, along with a job offer letter from the employer offering permanent employment.
EB-3 Unskilled Worker Immigration – Processing Steps
-
Step 1: Labor Certification (LC)
This is the first step of the employment-based immigration process. The U.S. employer must demonstrate recruitment efforts by placing job advertisements in local newspapers and showing that there are no qualified U.S. workers available for the position. The employer then files a labor certification application with the U.S. Department of Labor (DOL). If no issues arise, the labor certification is approved.
* In some cases, an audit (request for additional documentation) may be issued. As long as the requested documents are properly submitted, the certification is generally approved without significant issues. -
Step 2: Filing and Approval of Immigrant Petition (Form I-140)
After receiving labor certification approval, the employer files Form I-140, Immigrant Petition for Alien Worker, with USCIS along with the labor certification. The processing time may vary depending on whether premium processing service (PPS) is used, but if all documents are in order, the petition is typically approved without delay.
-
Step 3: Transfer to National Visa Center (NVC)
Once the I-140 is approved, the case is transferred to the National Visa Center (NVC). The applicant will receive a Visa Fee Bill letter. The visa fee must be paid before the case can proceed further.
-
Step 4: Submission of Immigrant Visa Application (Form DS-260)
After paying the visa fee, the applicant receives instructions from the NVC to complete and submit Form DS-260, the Immigrant Visa Application.
-
Step 5: Consular Interview
Once DS-260 is submitted and reviewed, the applicant’s case is transferred to the U.S. Embassy in Seoul. The applicant will receive an interview appointment letter. On the scheduled date, the applicant attends the interview, and if no issues are found, the immigrant visa is typically issued the following day.
