EB3 visa for moving to the USA: how to get a green card without unique achievements

What is the EB3 visa and who is it for

The EB3 visa is an immigration pathway for those who are ready to work in the United States under a long-term contract, regardless of their qualification level. With it, you can obtain both the right to reside and to work simultaneously. It is designed for workers whose skills and experience are in demand in the U.S. labor market but who do not have outstanding achievements or international recognition. This visa is equally suitable for those with many years of work experience, entry-level specialists, as well as people ready to perform unskilled labor on a permanent basis.

What does the EB3 visa provide

The EB3 visa is one of the ways to obtain a green card through employment in the U.S., suitable for both skilled professionals and workers without special achievements. It grants the right to permanent residence in the country and the ability to legally work for an employer who acts as a sponsor. Along with the applicant, the right to immigrate is also given to family members – a spouse and minor children.

Obtaining an EB3 visa provides access to all the rights of a permanent U.S. resident: the ability to change employers after fulfilling the contract terms, study at American educational institutions as a resident, use the healthcare system, and later apply for citizenship.

Main advantages for the applicant and family

The main advantage of the EB3 visa is that it provides a stable foundation for living in the United States, bypassing temporary visas and the need for status renewals. Instead of annual work authorization confirmations, a person immediately receives permanent resident status.

For the applicant’s family, this means:

1. The opportunity to move together and live in the same household;
   
2. Access to the U.S. education system for children at reduced tuition rates;
   
3. The spouse’s right to work in any company without being tied to a specific employer;
   
4. Access to state and federal healthcare programs and benefits, provided residency conditions are met.
   

Thus, the EB3 visa is not just a work permit, but a long-term tool for establishing a family in a new country.

Why this category is available to most people

Unlike visas that require proof of outstanding achievements or significant investments, the EB3 visa is oriented toward a wide range of professions and specialties. Here, the key condition is having an employer willing to provide sponsorship, rather than possessing rare skills or academic publications.

This category is suitable for:

1. Skilled workers with at least two years of experience;
   
2. Professionals with a bachelor’s degree;
   
3. Unskilled workers willing to perform simple but permanent work.
   

Therefore, the EB3 visa for moving to the U.S. is often considered a realistic pathway for those who want to change their country of residence but do not have major achievements. Even people in professions not associated with high qualifications can use this program if they find an employer willing to go through the sponsorship process.

Key requirements for the EB3 visa

Before starting the process, it is important to understand the conditions that must be met to comply with the program requirements. Although the EB3 visa for moving to the U.S. covers a wide range of professions, the procedure itself is strictly regulated by U.S. immigration law. Two factors play a key role here – having an employer willing to go through the sponsorship process and the applicant meeting the basic category criteria.

Having a sponsoring employer

The main requirement for obtaining an EB3 visa is having a U.S. company ready to officially confirm the need for your employment and to go through the sponsorship process. The employer submits documents on their behalf, pays government fees, and in most cases, covers attorney services.

Important note: EB3 visa sponsorship is not a formality but a legally significant process, during which the company must prove to the U.S. Department of Labor that it was unable to find a suitable candidate among U.S. citizens and green card holders. This is why having a reliable and motivated employer is a key factor for success.

Possibility of applying from the U.S. and from abroad

You can apply for the EB3 visa in two ways:

• while being in the U.S. with legal status and adjusting it to an immigrant one;
  
• by going through the consular process in your country of residence.
  

If the applicant is already in the U.S. (for example, on a student visa, in the TPS program, or U4U), the process may be easier in terms of communication with the employer and attorney. For those applying from abroad, the procedure goes through a U.S. consulate or embassy, but in both cases the result will be receiving a green card for the applicant and their family members.

Important details to know in advance

When planning relocation under the EB3 visa to the U.S., it is important to consider several factors that can affect timing and outcome:

1. Waiting time – the process can take several years due to annual quotas and the priority date queue.
   
2. Permanent job – the position must not be seasonal or temporary; otherwise, the application will be denied.
   
3. Employer’s obligations – the company must meet financial requirements to prove the ability to pay the new employee’s salary.
   
4. Job flexibility – it does not matter whether the new position matches your previous career; the main requirement is willingness to perform the duties listed in the application.

The better the applicant understands these nuances before starting the process, the easier it is to build a strategy for submitting documents and finding an employer.

EB3 visa subcategories

The EB3 visa for moving to the U.S. is divided into three directions, each designed for a certain level of training and experience. Understanding the differences between them helps to determine in advance what documents will be needed and for which vacancy one can apply.

EB3A – Skilled Workers

This category is intended for those who have at least two years of work experience or training in a certain specialty. A higher education degree is not required in this case, but work experience must be confirmed by employment records, recommendations, or certificates. Most often, this includes technical specialists, construction masters, experienced cooks, equipment repairers, and operators of complex machinery. The main requirement is that the experience must match the position, and the job must be permanent.

EB3B – Professionals with a Bachelor’s Degree

This group includes candidates for whom having a bachelor’s degree is a mandatory requirement for employment. The degree may be obtained either in the U.S. or abroad, but in the latter case, it must go through an equivalency verification process. Common professions include engineers, teachers, IT developers, and auditors. The employer must specify in the job description that a bachelor’s degree is a required qualification.

EB3C – Unskilled Workers

The most accessible subcategory, designed for individuals with less than two years of experience or no experience at all. The key requirement is the willingness to perform simple but permanent work. These positions may involve elderly care, agriculture, production line work, cleaning, or grounds maintenance. The applicant’s previous profession does not matter – what’s important is the ability to fulfill the duties specified by the employer.

Key point

Even within the same subcategory, requirements may vary depending on the position. For example, in EB3A, some employers may only require proof of work experience, while others demand specific technical skills. For EB3C, it is crucial that the position is official and implies long-term employment.

Step-by-step process of obtaining the EB3 visa

The process of obtaining an EB3 visa consists of several stages, each of which requires strict compliance with procedures and deadlines. Understanding the entire sequence in advance allows you to build the right strategy and minimize the risk of delays. The EB3 visa for moving to the USA usually takes several years to process, so it is important to consider that each stage has its own nuances and requirements.

Step 1: PERM Certification from the Department of Labor

The first step is for the employer to obtain a PERM (Program Electronic Review Management) labor certification. This document confirms that there are no suitable candidates on the American labor market for the stated position among U.S. citizens and green card holders.

The employer submits an application to the Department of Labor with a description of duties, required skills, education level, and work experience. At this stage, the minimum wage for the future employee is also determined. If the job requirements go beyond the standard, the company must provide justification.

Step 2: Candidate search and testing of the American labor market

After the job conditions are approved, the labor market testing begins – a formal procedure where the employer is required to publish a job advertisement in various sources: print publications, online portals, industry resources.

The advertising campaign lasts at least 30 days. If candidates respond who meet the minimum requirements, the employer is obliged to conduct interviews with them. Only after documenting that none of the applicants are suitable can the process move forward.

Step 3: Filing Form I-140 with USCIS

The PERM certificate serves as authorization to file an immigration petition. The employer submits Form I-140 to the U.S. Citizenship and Immigration Services (USCIS), confirming the readiness to hire a foreign worker and pay them the established wage.

The petition is accompanied by the company’s financial documents, tax reports, proof of solvency, as well as evidence of the candidate’s qualifications (diplomas, certificates, employment references). Approval of the I-140 does not mean immediate receipt of a green card but secures a place in line for the applicant.

Step 4: Obtaining a green card or visa

The final step depends on whether the candidate is in the U.S. or outside the country.

• If already in the U.S. with legal status, Form I-485 is filed to change status to permanent resident.
  
• If the applicant is abroad, the process goes through the U.S. consulate in their country.
  

After completing all checks and documentation, the applicant and their family receive green cards. From that moment, they have the right to live and work in the U.S. on a permanent basis, and after five years – apply for citizenship.

What does it mean to “sponsor a worker” for an employer

Sponsorship under the EB3 visa for moving to the U.S. is a legal procedure in which an American company undertakes the obligation to arrange work authorization and permanent residence for a foreign specialist or worker. The employer acts as the petitioner before all authorities and goes through all stages of confirmation, proving that this particular candidate is suitable for the position.

The employer’s role in the process

A company willing to sponsor a candidate must officially initiate the process of obtaining an EB3 visa. This includes:

1. Submitting documents to the Department of Labor to obtain PERM certification;
   
2. Posting job openings and conducting labor market testing;
   
3. Filing the I-140 petition with USCIS;
   
4. Providing proof of financial capability and readiness to pay the established wage.
   

At the same time, the employer is responsible for the accuracy of the information and for complying with all legal requirements at each stage.

Payment of fees and attorney services

In most cases, all government fees and legal expenses are covered by the sponsoring company. This includes:

1. Payment for PERM certification filing;
   
2. Fee for filing Form I-140;
   
3. Attorney fees if the process is accompanied by an immigration lawyer.
   

For the candidate, the EB3 visa process is usually free. However, the employer may offer conditions under which the employee agrees to work at the company for a certain period after receiving the green card.

Minimal company involvement in the process

Although legal responsibility lies with the employer, the actual participation of the company in the process often comes down to providing the necessary information and signing documents. When working with an experienced attorney, most communication and paperwork are handled by the law firm.

This allows the employer to focus on core business activities, while the sponsorship process proceeds without significant strain on the company’s internal resources.

Processing times and quotas for the EB3 visa

The EB3 process requires not only compliance with formalities but also waiting for one’s place in line. This is due to the fact that the number of visas per year is limited by law, while demand remains consistently high. To understand real timelines, it is important to know how the quota and applicant allocation system works.

Why a waiting line is formed

Every year about 40,000 spots are allocated for the EB3 visa to move to the U.S., including visas redistributed from other categories. Out of this number, no more than 10,000 visas are reserved for unskilled workers (EB3C).

Since more applications are submitted than available spots, a waiting line is formed. The order is determined by the date of filing the PERM labor certification – this date is called the priority date. Until visas for your priority date become “available” in the Visa Bulletin, the process cannot move to the final stage.

How long it really takes in practice

The waiting time depends on the visa subcategory, the applicant’s country of origin, and the current workload of the system. On average, the process takes from 3 to 5 years, and in some cases up to 7 years, considering all stages starting from PERM filing and ending with receiving a green card.

For applicants from countries with a high flow of immigrants (for example, India, China, the Philippines), the waiting time may be longer than for applicants from countries with fewer applications.

How to check the Visa Bulletin

The Visa Bulletin is published monthly on the U.S. Department of State website. It lists the dates up to which cases are being processed for each immigration category and country.

To determine whether you can move to the next stage, you need to:

1. Find the EB3 section in the bulletin.
   
2. Determine your country of birth and the corresponding column.
   
3. Compare the priority date in your case with the date listed in the bulletin.

If your date becomes “current” or later than the one listed, it means your turn has come, and you can proceed to the final stage of processing.

Practical recommendations for finding an employer

Finding a company willing to go through the sponsorship process is a key step for those planning to apply for an EB3 visa to move to the U.S. Success largely depends on how carefully you choose your employer and verify their reliability.

Where to look for job openings

It is best to start with trusted sources:

1. Major international job sites (Indeed, Glassdoor, LinkedIn);
   
2. Specialized resources for finding jobs in the U.S. for foreigners;
   
3. Websites of specific companies that have previously processed PERM for employees;
   
4. Professional communities and forums related to your specialty.

It is also useful to monitor job openings through American recruiting agencies that have experience working with immigration cases.

What to pay attention to when choosing a company

When selecting an employer, it is important to consider:

1. PERM experience – having successful sponsorship cases increases the chances of approval.
   
2. Financial stability – the employer must prove the ability to pay the established wage.
   
3. Job authenticity – make sure the position truly exists and matches your skills or willingness to learn.
   
4. Willingness to cooperate – the company must understand the process requirements and be ready to provide the necessary documents.
   

How to avoid fraud

The field of overseas employment, including the EB3 visa for moving to the U.S., attracts many unscrupulous intermediaries. To avoid becoming a victim of fraud:

• Do not transfer money to the employer for visa processing or work permits – these costs are covered by the company;
  
• Check the company’s legal status through open registries;
  
• Avoid offers that promise “guaranteed approval” without interviews and document checks;
  
• Be cautious with employers who cannot clearly explain the process and their obligations.
  

Careful selection of an employer is not only a guarantee of successful processing but also a key to stable employment and comfortable adaptation after relocation.

Common questions and misconceptions about the EB3 visa

The EB3 visa process for moving to the U.S. is often accompanied by many myths and assumptions that do not always match reality. Let’s review the most common questions so that applicants have a clear understanding of the real conditions of the program.

Will the employer wait several years

One of the main concerns of applicants is the lengthy processing times. In reality, some employers are willing to wait for a candidate, especially in cases of family businesses, acquaintances, or companies experiencing a shortage of workers in specific positions.

Sometimes the employee can start performing duties remotely, being outside the U.S., until the green card is issued. However, for large companies, planning is more important – they may factor the future employee into their staffing schedule, taking into account the processing timelines.

Can an individual or a relative be a sponsor

The law does not prohibit an individual from acting as a sponsor, for example, hiring a worker in a private household (a nanny, domestic helper). However, such cases are reviewed particularly carefully since the risk of refusal is higher.

As for relatives, formally they can also initiate the process through their own business. But in this case, it must be proven that the decision was not made out of personal interest and that the position is real, not created solely for visa processing.

Is it mandatory to work for the sponsor after receiving a green card

Immigration law does not set a minimum period that an employee must work for the sponsor. However, leaving too quickly after obtaining a green card may raise questions from immigration authorities, especially when applying for citizenship.

In practice, lawyers recommend working at the company for at least 6–12 months to avoid suspicion of initially lacking intent to fulfill the terms of the employment contract.