USA EB-3 Visa: Processing Time, Visa Fee, Application Process

Foreign nationals can live and work in the United States permanently with the EB-3 Visa, an employment-based immigrant visa. This visa falls under the third preference employment-based visa category and is intended for professionals, skilled workers, and unskilled workers who meet certain requirements and are looking for work in the United States. The EB-3 Visa is divided into three separate groups:

1. EB-3(A): Skilled Workers

2. EB-3(B): Professionals

3. EB-3(C): Other Workers

Processing Time for the EB-3 Visa

The process of getting an EB-3 visa is broken down into several steps, each of which takes a certain amount of time:

1. Processing Time for Form I-140: The Immigrant Petition for Alien Worker form takes about 7.6 months to process on average. If you choose premium handling, this can be done in 15 calendar days.
2. Waiting for a Visa Number: Once Form I-140 is approved, candidates have to wait for a visa number to become available. The length of time applicants have to wait depends on where they are from and how many people are looking for EB-3 visas from that country.
3. Form I-485 Processing Time (Adjustment of Status): The processing time for Form I-485 varies from 6.7 to 32.5 months for people who are already in the U.S. and are qualified to change their status.
4. Consular Processing: People filing from outside the U.S. will have their cases sent to the National Visa Center (NVC), which then sends them to the U.S. Embassy or consulate that is closest to them. When the interview is held and how long the applicant has to wait afterward depend on the embassy or consulate and the candidate’s location.

Keep in mind that these working times may be longer or shorter depending on the person and where they live.

What You Need to Do to Get an EB-3 Visa?

1. Labor Certification: The U.S. employer must get a Permanent Labor Certification from the U.S. Department of Labor (DOL) before asking for an EB-3 visa. As part of this process, you have to show that there are no qualified U.S. workers open for the job.
2. Before hiring a foreign worker, the company must file Form I-140, Petition for Alien Worker, with the U.S. Citizenship and Immigration Services (USCIS). This must be done after getting labor certification. This petition proves that the applicant is eligible for the EB-3 Visa and must include all the required supporting papers.
3. Visa Application: The applicant can move forward with the visa application once USCIS accepts Form I-140. If the person lives outside of the U.S., they must apply for an immigrant visa at a U.S. office or consulate in their home country. The person applying can file Form I-485 to change their status to permanent resident if they are already in the U.S. under a different nonimmigrant status.

For people from other countries who want to work and live in the United States permanently, the EB3 Visa is a good option. For an application to be accepted, it is very important to know the exact standards and processing times for each subcategory.

Visa Fee of EB-3 Visa

Foreigners can live and work in the United States forever with the EB-3 Visa. Both employers and applicants need to know what the visa fees are. Here is a list of the fees that are in effect as of February 2025:

For Applicants Applying from Within the United States:

Form	Description	Fee	Payer
Form I-140	Immigrant Petition for Alien Worker	$715	Employer
Immigrant Fee	Post-approval fee	$235	Applicant

For Applicants Applying from Outside the United States:

Form	Description	Fee	Payer
Form I-140	Immigrant Petition for Alien Worker	$715	Employer
Form DS-260	Immigrant Visa Application	$345	Applicant
Form I-864	Affidavit of Support	$120	Applicant

Additional Notes:

• Asylum Program Fee: Employers with more than 25 workers will have to pay a $600 fee for each Form I-140 they file starting in April 2024. This fee is not charged to non-profit groups.
• Premium Processing: For a fee of $2,805, this extra service speeds up the processing of Form I-140 to 15 calendar days.
• Form I-765 and Form I-131: These forms are optional and applicable if the applicant wishes to obtain employment authorization or a travel document while Form I-485 is pending.

Please note that these fees are subject to change. For the most current information, refer to the official USCIS Fee Schedule.

EB3 Visa: Who Can Get It and What You Need to Know

With an EB3 visa, foreign workers can live and work in the United States forever. There are certain conditions for each category.

1. EB-3 (A): Skilled Workers

To be a Skilled Worker, you need to:

1. Have worked in a similar job or gone through training for at least two years.
2. Get a full-time, stable job offer from a company in the United States.
3. Your boss has to show that there are no suitable U.S. workers available for the job.

2. EB3 (B): Professionals

To be a Professional, you must:

1. Have a bachelor’s degree from a college or university in the United States or a foreign country that is recognized as an equal.
2. Have an offer for a full-time job in the U.S. that needs a bachelor’s degree.
3. Your boss has to show that there are no suitable U.S. workers available for the job.

3. EB3 (C): Other Workers (Unskilled)

If you want to be an Unskilled Worker, you must:

1. Be able to do simple work that doesn’t take more than two years of experience or training.
2. Have a job offer from a U.S. company for full-time work.
3. Your boss has to show that there are no suitable U.S. workers available for the job.

Important Things to Think About

1. Visa Bulletin

The U.S. Department of State puts out the Visa Bulletin every month. It shows how many cards are available for each type. Because only a certain amount of EB-3 visas are given out each year, the Visa Bulletin can help you figure out when you can start the application process.

2. Date of Priority

A priority date is given to you when you file Form I-140, which is an Immigrant Petition for Alien Workers. This date lets people know where you stand in the line for a visa. How long you have to wait for processing will depend on your priority date and how many people are trying to get visas at the same time.

3. Changing Jobs (Rule of Portability)

You might be able to change jobs without having to start the whole process over if your I-140 petition is accepted and your I-485 application has been waiting for at least 180 days. The new job must be in the same field or a field similar to the first one.

Knowing about these parts of the EB-3 visa process can help you make better plans and avoid delays that aren’t necessary. For an easy application process, it’s important to keep up with the Visa Bulletin, keep track of your priority date, and know what job changes you can make.

Questions People Ask About the EB-3 Visa

1. Can I switch jobs once I have my EB-3 visa?

Some conditions must be met before an EB-3 visa holder can change jobs. The American Competitiveness in the Twenty-First Century Act (AC21) lets people with an EB-3 visa switch jobs in certain situations, as long as they meet the requirements.

To get an EB-3 visa, do I need to have a job offer?

For the EB-3 visa, you do need a job offer from a U.S. company. The employer must also show that there are no suitable Americans who can do the job.

3. Is there a cap on how many EB-3 visas can be given out each year?

Yes, the U.S. government limits the number of EB-3 cards it gives out each year. How many visas are available depends on how many people want them and where they are from.

4. Can my kids and spouse come with me on an EB-3 visa?

Yes, your partner and children under 21 who are not married can come with you to the U.S. They may be able to live, work, or go to school in the U.S. if they get derivative cards.

5. Could I get a green card for my family after getting an EB-3 visa?

As soon as you become a permanent resident with the EB-3 visa, you can file Form I-485 for each of your qualified family members to get a green card.

6. Can I include my family members in my first application for EB-3?

Yes, you can apply for an EB-3 visa with your spouse and children younger than 21 years old. As a result, they will be called derivative recipients.

7. How much money does my boss have to pay me to get an EB-3 visa?

There is no set minimum wage, but the company must pay at least the going rate for the job in that area. It is the U.S. Department of Labor that sets this rate.

8. Is it possible to get the EB-3 visa faster?

For Form I-140 (Immigrant Petition for Alien Worker), you can choose premium handling, which speeds up the process. But you can’t get special processing for Form I-485 or processing at a consulate.

9. I’m already in the U.S. on a different visa. Can I apply for an EB-3 visa?

You can apply for an EB-3 visa as long as you have a current nonimmigrant visa and are in the U.S. You can become a permanent resident without leaving the country if you are qualified and file Form I-485.

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