Choosing the Right EB-3 Visa Lawyer: The Complete Process, Requirements & Fees

The EB-3 visa offers permanent residency for skilled workers, professionals, and unskilled labor seeking to contribute to the U.S. workforce. Whether you:

• have a bachelor’s degree
• two years of relevant experience
• or can perform unskilled labor that no qualified U.S. worker can fill…

… the EB-3 category might be your green card pathway.

However, employment-based immigration involves navigating labor certification requirements, complex procedures, and waiting periods spanning several years.

This guide breaks down everything you need to know about the EB-3 process, from eligibility requirements and timelines to costs and how an experienced immigration attorney can help you avoid costly mistakes and delays.

The Main Purpose (& 3 Types) of EB-3 Visas

The EB-3 visa serves as the third preference category within employment-based immigrant visas for foreign workers who may not meet EB-1 or EB-2 requirements. This employment-based immigrant visa creates opportunities for workers across all skill levels to obtain permanent residency through a sponsoring employer. The EB-3 category recognizes that American businesses need talent at every level to fill critical workforce gaps.

According to 8 CFR § 204.5, the three EB-3 subcategories are:

1. Skilled workers: Foreign nationals performing jobs requiring at least two years of training or work experience. Examples include graphic designers, computer specialists, and supervisors in various industries.
2. Professionals: Workers holding a U.S. baccalaureate degree or foreign equivalent, where the job position normally requires such credentials. This includes a wide range of occupations, such as architects, engineers, accountants, teachers, etc. 
3. Unskilled Workers: Also called “other workers,” these individuals perform labor requiring less than two years of training. The work must be permanent and full-time, excluding temporary positions. Common roles include caretakers, housekeepers, and food service workers.

How Does an EB-3 Visa Application Work? (The 10 Step Process, Validity Term, & Requirements)

An experienced EB-3 visa lawyer streamlines the journey from job offer to green card approval. Because the EB-3 process involves labor certification, strict deadlines, and detailed filings by both employer and employee, professional guidance helps avoid costly delays.

A skilled attorney ensures each step—recruitment, certification, petitions, and interviews—is handled correctly and on time. Below, we outline the key phases of the EB-3 application process, the green card’s validity term, and the main eligibility requirements you’ll need to meet.

The Process in 10 Steps: 

The EB-3 visa application process follows multiple steps that begin with your employer and lead to permanent residency status. Each phase requires careful attention to eligibility criteria and immigration law procedures. Understanding this visa application process helps set realistic timeline expectations.

The complete application process includes:

1. Job Offer: Your U.S. employer must extend a permanent, full-time job offer and demonstrate ability to pay the offered wage from the priority date forward.
2. Prevailing Wage Determination: The employer requests the Department of Labor to determine the minimum wage for your job position in the geographic area. This ensures foreign workers receive fair compensation.
3. Test Labor Market Through Advertisement: Your employer must conduct recruitment to demonstrate no qualified workers in the United States are available. This involves placing advertisements and reviewing applications from U.S. workers.
4. Labor Certification: After recruitment, the employer files the PERM labor certification with the Department of Labor. This permanent labor certification proves hiring you won’t adversely affect U.S. workers’ wages or conditions.
5. Employer Petition: Once labor certification is approved, your employer files Form I-140, Immigrant Petition for Alien Worker, with USCIS. The employer must include evidence of ability to pay and documentation proving you meet requirements.
6. Priority Date: When USCIS receives your Form I-140, you’re assigned a priority date based on when labor certification was filed. This determines your place in line for visa availability.
7. Visa Availability: Due to annual caps on employment-based immigrant visas, you may wait until a visa becomes available. The State Department’s monthly Visa Bulletin indicates when visa numbers are available for your category and country.
8. Adjustment of Status or Consular Processing: If you’re in the United States on a valid visa status, you file Form I-485 to adjust status. Foreign nationals outside the U.S. complete consular processing through a U.S. embassy or consulate
9. Interview: USCIS or consular officers conduct interviews to verify your job offer legitimacy and confirm you meet eligibility requirements. You will need to attend.
10. Approval and Visa Issuance: Upon approval, you receive your immigrant visa or adjustment approval. Shortly after, you’ll receive your green card granting lawful permanent resident status.

Term: 

Once approved, your EB-3 visa leads to a 10-year green card granting permanent residency. This green card is renewable indefinitely as long as you maintain permanent resident status. You’ll file Form I-90 to renew your green card before expiration.  You may also be eligible to apply for citizenship via the naturalization process after being a permanent resident for 5 years.

3 Requirements: 

• Basic requirements include a legitimate job offer from a U.S. employer willing to sponsor your immigrant petition. 
• Your employer must obtain approved labor certification proving no qualified workers are available domestically. 
• You must meet specific qualifications for your subcategory: two years of experience for skilled workers, a bachelor’s degree for professionals, or ability to perform unskilled labor.

What Are the 6 Key Timelines for an EB-3 Visa? (Most People Don’t Know)

The EB-3 visa timeline varies based on USCIS processing times, Department of Labor workload, and visa availability for your country of birth. Most applicants should expect 2 to 4 years from start to finish, and much longer if you were born in India, China, Mexico or the Philippines. Understanding each phase’s duration helps you plan accordingly.

Even with careful planning, these timeframes are given to change at any time, and likely will in the future. It’s best to ask your immigration lawyer about what the timeframes are currently.

Key timeline benchmarks include:

• Prevailing Wage Determination (6-12 months): The Department of Labor reviews your employer’s prevailing wage request and issues a determination.
• Test Labor Market Through Advertisement (2 months): Your employer must conduct recruitment for at least 30 days, then wait an additional 30 days before filing labor certification.
• Labor Certification (12+ months): PERM labor certification processing currently takes 12 to 18 months on average. The Department of Labor may audit applications, significantly extending processing time.
• Employer Petition (15 days – 10 months): Form I-140 processing ranges from 4 to 10 months under regular processing. Premium processing (Form I-907) reduces this to 15 business days for an additional fee.
• Visa Availability (Depends on Visa Bulletin + Country of Birth): According to the State Department’s Visa Bulletin, wait times vary dramatically by country. Applicants from countries with high demand (particularly India and China) may face backlogs extending 5 to 10 years or more.
• Adjustment of Status or Consular Processing (6-12 months): Once a visa number is available, Form I-485 processing typically takes 8 to 12 months. Consular processing generally takes 3 to 6 months from case completion to visa interview.

You’ll Want to Know These 6 Main Fees for an EB-3 Visa

Employment-based immigration involves multiple filing fees paid at different stages. Some fees are paid by the employer, while others are the employee’s responsibility, though parties can negotiate. Understanding the fee structure helps you budget appropriately.

1. I-140 Petition FeesThe employer pays a $715 filing fee for Form I-140, plus an additional $600 asylum program fee*, totaling $1,315.*Note that for the asylum program fee, nonprofits and government research organizations are exempt ($0), and small employers (25 or fewer employees) pay only $300. All others pay the full $600 fee.
2. Recruitment and Advertising FeesEmployers typically spend $2,500+ or more on mandatory recruitment activities during the labor certification process.
3. I-907 Premium Processing FeeEmployers may optionally pay $2,805 for premium processing of the I-140 petition. This guarantees 15-business-day processing but is entirely optional.
4. I-485 Adjustment of Status FeeEmployees pay $1,440 to file Form I-485 if adjusting status within the United States. This includes work authorization and advance parole travel. authorization. If you choose to also apply for I-765 work authorization and I-131 advance parole travel (which are optional submissions), those require additional fees.
5. Consular Processing FeesEmployees abroad pay $345 for immigrant visa processing at a U.S. embassy or consulate.
6. Immigration Attorney FeesLegal representation costs are optional but highly recommended, with fees varying based on case complexity. Attorney fees are negotiable between employer and employee.

We Want to Help Make Your EB-3 Visa Application a Success (Here’s How)

At Lightman Law Firm, our experienced immigration attorneys have successfully guided many foreign nationals and employers through the EB-3 application process. Our multilingual team brings over six decades of combined experience in employment-based immigration. We’ve built our reputation on clear communication, honest case assessments, and personalized service.

Our clients consistently praise our responsiveness, thoroughness, and commitment to keeping them informed at every stage. Whether you’re an employer seeking to fill workforce gaps or a foreign worker pursuing permanent residency, we provide strategic guidance and meticulous document preparation.

Contact Lightman Law Firm today to schedule your initial consultation.

Did You Know This 1 Huge Advantage of the EB-3 Visa?

The EB-3 category’s greatest strength lies in its accessibility to the widest pool of foreign workers seeking permanent residency through employment. 

Unlike EB-1 visas or EB-2 visas, the EB-3 provides a lower barrier to entry. This makes employment-based immigration possible for skilled tradespeople, professionals with bachelor’s degrees, and even unskilled labor filling genuine workforce needs.

This broad eligibility means foreign nationals from diverse backgrounds can pursue green cards when they have a legitimate job offer. The EB-3 recognizes that valuable contributions to the American economy come from workers at all skill levels.

8 Tremendous Benefits to Using Our EB-3 Visa Lawyer Service

Working with immigration attorneys who specialize in employment-based visas significantly increases approval chances and helps avoid costly delays. Here’s what sets our service apart:

1. Fair and Transparent Fees: We offer competitive rates and clear fee structures upfront, with no hidden costs. Our goal is making quality legal representation accessible to both employers and employees.
2. Personalized and Responsive Service: You’ll have direct access to your attorney, receive prompt responses, and get regular updates without having to chase us down.
3. Extensive Experience Across Industries: Our immigration lawyers have worked with companies of all types and sizes, from multinational corporations to small family businesses.
4. Specialized Expertise in Smaller Company Situations: We excel at helping smaller businesses navigate the EB-3 process where budget constraints and limited HR resources can make immigration compliance challenging.
5. Meticulous Document Preparation and Review: We ensure every form is completed accurately and all supporting documentation is properly organized. This attention to detail helps avoid requests for evidence.
6. Strategic Planning and Case Assessment: We thoroughly evaluate your eligibility and identify potential obstacles before filing. Our strategic approach includes determining optimal timing for each filing.
7. Experienced Legal Representation: If USCIS issues a request for evidence or notice of intent to deny, we provide skilled legal advocacy. We also handle appeals and represent clients at interviews.
8. 3 Decades of Immigration Law Experience: Our team’s extensive experience means we’ve seen virtually every type of EB-3 case and complication, allowing us to anticipate issues proactively.

15 FAQs to Help Direct Your Search for an EB-3 Visa Lawyer

Understanding the EB-3 visa process raises numerous questions. Here are answers to the most common questions:

1. Can family members accompany EB-3 workers to the US? Yes, your spouse and unmarried children under 21 can accompany you. Spouses receive E34 status (or EW4 for unskilled workers), while children receive E35 status (or EW5), granting them permanent residency. 
2. Can I change employers while pursuing the EB-3 visa?Changing employers during the process generally requires starting the process over However, you may retain your priority date if you have an approved I-140.  You may also be able to port your entire application to a new employer if you’ve filed an I-485 application and it’s been pending for 180 days or more.
3. Can I change employers after obtaining an EB-3 visa?Yes, once you receive your green card, you can work for any employer. However, changing jobs immediately after receiving your green card could raise questions about visa fraud.
4. Can my family members obtain green cards after I am approved for an EB-3 visa?Family members included in your original petition receive green cards simultaneously. If you marry or have children after receiving your green card, you can sponsor them through family-based immigration.
5. How long is an EB-3 visa valid?The EB-3 leads to a 10-year green card granting permanent residency. While the physical card expires after 10 years, your permanent resident status continues indefinitely unless abandoned or revoked.
6. Is there a self-petition option available?No, the EB-3 category requires employer sponsorship. Your employer must initiate the process by obtaining labor certification and filing the immigrant petition.
7. What is the typical processing time for an EB-3 visa?Total processing time typically ranges from two to four years, though this varies significantly based on your country of birth.
8. Do I need a labor certification (PERM) for an EB-3 visa?Yes, all EB-3 applications require an approved PERM labor certification from the Department of Labor proving no qualified U.S. workers are available.
9. Can I upgrade or downgrade my petition between EB-2 and EB-3?Yes, you can generally retain your original priority date when upgrading or downgrading between categories, provided certain conditions are met.
10. What are priority dates, and how do they affect my EB-3 case?Your priority date is established when the PERM labor certification is filed and determines your place in the visa queue. You cannot proceed until visa numbers are available for your priority date.
11. What happens if my EB-3 employer withdraws the petition after approval?If your I-140 has been approved for at least 180 days, you may retain the priority date, but you would have to start the process over with a new employer unless your I-485 has also been pending for 180 days or more.
12. Are premium processing services available for EB-3 petitions?Premium processing is available for Form I-140, reducing processing to 15 business days for $2,805. It’s not available for labor certification or Form I-485.
13. Can I apply for adjustment of status if I am already in the U.S. on another visa?Yes, if you’re in valid nonimmigrant status when a visa number becomes available, you can file Form I-485 to adjust status.
14. How do I extend my EB-3 green card?File Form I-90 to renew your green card within six months before expiration. The renewal confirms you remain a permanent resident and issues a new 10-year card.
15. How many EB-3 visas are issued per year?Approximately 40,000 EB-3 immigrant visas are available annually, representing about 28.6% of the total 140,000 employment-based immigrant visas.

Why Should I Hire a EB-3 Visa Lawyer? Confidence & Clarity is Key

The EB-3 immigration process involves complex regulations, strict documentation requirements, and multiple government agencies. A single error can result in denials, significant delays, or permanent bars to entry.

Experienced immigration attorneys understand these intricacies and provide guidance necessary to navigate employment-based immigration successfully.

At Lightman Law Firm, we’ve helped countless skilled workers, professionals, and employers achieve immigration goals through honest assessments, strategic planning, and unwavering commitment. Our modern technology, multilingual capabilities, and personalized approach ensure you receive high-quality representation at reasonable fees.

Contact us today to learn how our EB-3 visa lawyer services can help you achieve permanent residency in the United States… without surprise, delay, or compromise.