Many OFWs dream of working and living in the United States for better career opportunities and a higher quality of life. One of the best ways to achieve this is through the EB-3 visa, which is a type of employment-based immigration.
This visa category helps skilled workers, professionals, and unskilled workers to get permanent residency in the U.S. via employer sponsorship. If you are an OFW considering this pathway, you need to understand the eligibility criteria, application process and the benefits of getting the EB-3 visa.
All About the EB-3 Visa for OFWs
The EB-3 visa is a third-preference employment-based immigrant visa that can be applied for by the following three categories of workers:
- Skilled Workers – Those who can perform skilled labor that requires at least two years of training or experience. This work should not be seasonal or temporary, and applicants must have the rightr education, training, or experience requirements for the job.
- Professionals – Those who have at least a U.S. bachelor’s degree (or foreign equivalent) and are employed in a profession that matches the degree.
- Unskilled Workers – Those who engage in unskilled labor and have worked for less than two years of training or experience, as long as the job is permanent and not temporary or seasonal.
Why Filipinos Might Want to Get This Visa
There are several reasons why Filipinos may want to apply via the EB-3 visa:
- Higher Earning Potential – Jobs in the U.S. typically offer much higher wages compared to similar jobs in the Philippines.
- Permanent Residency – Unlike temporary work visas, the EB-3 visa provides a direct pathway to obtaining a Green Card.
- Family Sponsorship – EB-3 visa holders can bring their spouse and children under 21 to the U.S.
- Path to U.S. Citizenship – After five years of holding a Green Card, individuals can apply for U.S. citizenship
- Career Opportunities – The U.S. labor market offers a variety of industries and job roles
- Retirement and Social Security Benefits – Permanent residents can access social security benefits, healthcare programs, and other government assistance programs
Eligibility Criteria for the EB-3 Visa
1. Skilled Workers
- The job must require at least two years of training or work experience.
- Post-secondary education may count as training.
- The employer must provide a full-time, permanent job offer.
- The employer must secure a labor certification which proves that no qualified U.S. workers are available for the position.
2. Professionals
- Must have a U.S. bachelor’s degree or a foreign equivalent.
- The degree must be the standard entry requirement for the profession.
- Education and experience cannot take the place of a bachelor’s degree.
- Must have a full-time, permanent job offer from a U.S. employer.
3. Unskilled Workers (Other Workers)
- The job must require less than two years of training or work experience.
- The employer must prove that no U.S. workers are available for the position.
- The job must be permanent and full-time.
- A labor certification is required.
Steps to Apply for the EB-3 Visa
Below is a breakdown of the steps required to apply for an EB-3 Visa:
Step 1: Employer Secures a Labor Certification
The U.S. employer must first get a labor certification from the Department of Labor (DOL). This is done using Form ETA-9089 (Application for Permanent Employment Certification) or through the Foreign Labor Application Gateway (FLAG) system. The employer must show that no qualified U.S. workers are available for the job and that hiring a foreign worker will not negatively impact wages and working conditions in the U.S.
Step 2: Employer Files Form I-140 (Immigrant Petition for Alien Worker)
Once the labor certification is approved, the employer submits Form I-140 to U.S. Citizenship and Immigration Services (USCIS). This petition proves that the employer is offering a permanent job and is capable of paying the salary offered.
Step 3: Visa Availability and Priority Date
After USCIS approves the I-140 petition, the applicant must wait for a visa number to become available. Then, they will also be given a priority date which will determine when the applicant can proceed with the next steps. Visa availability can be seen at the U.S. State Department’s Visa Bulletin.
Step 4: Consular Processing or Adjustment of Status
Once a visa number is available, the applicant can proceed with one of the following:
- Consular Processing – If the applicant is outside the U.S., they must attend an interview at the U.S. embassy or consulate in their home country.
- Adjustment of Status – If the applicant is already in the U.S. on a valid visa, they can apply for permanent residency (Green Card) without leaving the country by filing Form I-485 (Application to Register Permanent Residence or Adjust Status).
Step 5: Medical Examination and Interview
Applicants must undergo a medical examination and vaccination. During the consular interview, they will need to present documents such as:
- Passport
- Approved labor certification and I-140 petition
- Job offer letter
- Proof of qualifications (diplomas, training certificates, work experience letters)
- Medical examination results
If approved, the applicant receives an immigrant visa and can travel to the U.S. to become a lawful permanent resident.
Family Members of EB-3 Visa Holders
Spouses and unmarried children under 21 of EB-3 visa holders can also immigrate to the U.S.:
- Spouses can apply for Employment Authorization Documents (EAD), allowing them to work in the U.S.
- Children can attend school and later apply for U.S. citizenship after meeting residency requirements.
The processing time for the EB-3 visa varies depending on country of origin, employer processing times, and U.S. government backlogs. On average, the process can take anywhere from 1 to 3 years or longer for applicants from countries with high demand, such as the Philippines.
The EB-3 visa presents a promising opportunity for OFWs to achieve permanent residency in the U.S. While the process may take time, its long-term benefits make it an attractive option for those seeking stability, career advancement, and better prospects for their families. If you are an OFW interested in applying, ensure that you find a reputable employer, prepare the necessary documents, and seek legal assistance if needed to navigate the complex immigration process successfully.