What is the EB-3 Visa? A Comprehensive Guide to Its Legal Definition

Definition & Meaning

The EB-3 Visa is an employment-based immigrant visa category that allows foreign nationals to obtain permanent residency in the United States. This visa is designed for three main groups of workers:

Professionals: Individuals with at least a bachelor's degree or its foreign equivalent, who have a job offer from a U.S. employer.
Skilled Workers: Those with at least two years of training or experience in a specific field, also requiring a job offer from a U.S. company.
Unskilled Workers: Individuals performing labor that requires less than two years of training or experience, with a job offer from a U.S. employer.

All applicants must secure a permanent, full-time job offer and obtain labor certification, which demonstrates that there are no qualified U.S. workers available for the position. Each year, approximately 40,000 EB-3 visas are allocated, along with any unused visas from the first and second preference categories.

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Legal Use & context

The EB-3 Visa is primarily used in immigration law, specifically for employment-based immigration processes. It is relevant for employers seeking to hire foreign workers and for foreign nationals looking to work and live permanently in the U.S. This visa category involves legal procedures such as labor certification and petition filing, which can be managed using legal forms and templates, like those offered by US Legal Forms.

Key legal elements

Real-world examples

Here are a couple of examples of abatement:

Example 1: A software engineer from India with a bachelor's degree in computer science receives a job offer from a U.S. tech company and applies for the EB-3 Visa under the professional category.

Example 2: A construction worker from Mexico with two years of experience in the field is offered a job in the U.S. and applies for the EB-3 Visa under the skilled worker category.

Comparison with related terms

Term	Description
EB-1 Visa	For individuals with extraordinary abilities in their fields, such as arts, sciences, or business.
EB-2 Visa	For professionals with advanced degrees or exceptional abilities in their fields.
H-1B Visa	A temporary work visa for specialty occupations requiring a bachelor's degree or higher.

Common misunderstandings

What to do if this term applies to you

If you believe the EB-3 Visa applies to your situation, start by securing a job offer from a U.S. employer. Ensure that the employer is willing to assist with the labor certification process. You can explore US Legal Forms for ready-to-use legal templates that can help you navigate the application process. If your case is complex, consider seeking professional legal assistance to ensure compliance with immigration laws.

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Quick facts

Typical Fees: Varies by application type and legal assistance, typically several hundred to thousands of dollars.
Jurisdiction: U.S. Citizenship and Immigration Services (USCIS).
Possible Penalties: Denial of application, potential bans from reapplying, or deportation.