The EB-3 Visa Sponsorship Process: Step-by-Step

The EB-3 visa process involves several stages. Understanding the role of the sponsor at each stage is essential for a successful petition.

1. Labor Certification (PERM)

The first step in the EB-3 visa process is obtaining Labor Certification from the U.S. Department of Labor (DOL). The purpose of this certification is to confirm that there are no qualified U.S. workers available for the position being offered to the foreign worker.

The sponsor’s responsibilities:

• Recruitment: The employer must demonstrate that they have made a good faith effort to recruit U.S. workers for the position. This involves posting job advertisements, conducting interviews, and ensuring that U.S. workers were given a fair chance to apply.
• Wage Determination: The employer must offer a wage that meets the prevailing wage for the position as determined by the DOL. This ensures that hiring a foreign worker will not undermine the wages or working conditions of U.S. workers in the same field.
• Filing the PERM Application: Once the recruitment process is complete, the employer submits the PERM Labor Certification application to the DOL. If approved, the employer can move on to the next step.

2. Filing the I-140 Petition (Immigrant Petition for Alien Worker)

After obtaining the Labor Certification, the sponsor files the I-140 petition with the U.S. Citizenship and Immigration Services (USCIS). This petition is the official request for the foreign worker to be granted an immigrant visa.

The sponsor’s responsibilities:

• Documentation: The employer must submit the necessary documentation along with the I-140 petition. This includes evidence of the foreign worker’s qualifications, proof that the employer can pay the offered wage, and the Labor Certification approval.
• Paying the Filing Fees: The employer is generally responsible for paying the I-140 filing fees, although the worker may contribute in certain cases.

The I-140 petition will determine whether the foreign worker qualifies for an EB-3 visa based on their skills, education, and the employer’s eligibility.

3. Priority Date and Waiting for Visa Availability

After the I-140 petition is filed, the foreign worker is assigned a priority date, which marks their place in line for a visa. The priority date is important because there are limits on the number of EB-3 visas issued each year, and applicants must wait until their priority date becomes current before they can proceed with the visa process.

The sponsor’s responsibilities:

• Monitoring the Priority Date: While the priority date is typically the responsibility of the worker, the sponsor must keep track of it to ensure that they are ready to proceed once the visa becomes available.

4. Adjustment of Status or Consular Processing

Once the priority date becomes current, the foreign worker can proceed with either Adjustment of Status (AOS) or Consular Processing depending on their location.

• Adjustment of Status (AOS): If the foreign worker is already in the U.S., they can apply for Adjustment of Status, which allows them to change their status to that of a lawful permanent resident without leaving the country

  EB-3 Visa Sponsor

• Consular Processing: If the worker is outside the U.S., they must complete Consular Processing at a U.S. embassy or consulate in their home country. This involves attending an interview and completing additional forms before receiving their immigrant visa.