Step-by-Step Guide: How to Get a Work Visa for the United States (EB-3 Process)

If you are wondering how to obtain an employment-based permanent residence visa in the U.S. (green card), the EB-3 visa is one of the clearest and most effective options, especially in the “other workers” category, since it does not require a degree or extensive experience. This employment-based residence option allows foreign workers to obtain a green card (permanent residence) in the U.S. Once you apply and are selected to fill a job vacancy at a U.S. company already authorized as a sponsor by the U.S. Department of Labor (DOL), that company will file the labor certification petition on your behalf and submit it to the Department of Labor.

Unlike a temporary work visa, the EB-3 visa opens the door to settling permanently in the country. Understanding the process step by step will help you prepare better, meet the requirements, and be aware of the costs and timelines involved.

First Step: EB-3 Labor Certification (PERM)

The process begins with labor certification, commonly known as PERM, which is managed by the U.S. Department of Labor. This stage is essential because it confirms that your employment in the United States will not negatively affect American workers.

What Is EB-3 Labor Certification?

The EB-3 labor certification is a formal acknowledgment from the Department of Labor that no U.S. worker is qualified, available, or willing to take the job that your employer has offered you. The employer must prove that a genuine recruitment effort was carried out and that there is a legitimate need for foreign labor in that position.

PERM Process for Skilled and Unskilled Workers

The EB-3 includes three subcategories: professionals with a university degree, skilled workers with at least two years of experience, and unskilled workers, also known as “other workers.” Within this last group is the well-known EB-3 unskilled worker visa, which is of great interest to many applicants. This category covers jobs that require less than two years of training or experience, such as hotel staff, security personnel, waiters, greenhouse workers, or maintenance staff.

Required Documents and Estimated Timelines

To obtain labor certification, your employer must submit job advertisements, evidence of recruitment efforts, and documentation that supports the necessity of hiring you. The Department of Labor then reviews the case, a process that typically takes between six and nine months, though delays are possible depending on workload or audits.

Second Step: Employer Petition (Form I-140)

Once the labor certification is approved, the process continues with the immigrant worker petition filed by the employer, which is formalized through Form I-140 with the U.S. Citizenship and Immigration Services (USCIS).

How to File Form I-140 and Who Submits It

Form I-140 must be filed by your employer, not by you. The petition requires the labor certification approval notice, evidence that the employer can pay your salary, and documents showing that your qualifications align with the job requirements.

Form I-140 Costs and Premium Processing Options

The filing fee for Form I-140 is $715. However, you may choose to file Form I-907, which has an additional cost of $2,805 and guarantees that USCIS will process the petition within a maximum of 15 days. Without this service, the review may take between six months and one year.

Third Step: Priority Date and the Visa Bulletin

After Form I-140 is approved, USCIS assigns you a priority date. This date establishes your place in line for an immigrant visa.

How to Check Visa Availability

The availability of EB-3 visas depends on the monthly Visa Bulletin published by the U.S. Department of State. By checking the bulletin, you will know when your priority date becomes current and when you may proceed to the final stage of the process.

Average Waiting Times by EB-3 Category

For skilled workers and professionals, the overall processing time can be longer, as there are various factors involved. To obtain more detailed information, it is always best to seek professional guidance. In the case of foreign workers applying under the “other workers” subcategory of the EB-3 visa, the overall waiting time is much shorter, since the first stage of authorization, the Prevailing Wage Determination (PWD) before the U.S. Department of Labor (DOL), has already been completed by the sponsoring U.S. company.

Fourth Step: Adjustment of Status or Consular Processing

When your priority date is current, you can apply for permanent residency through either adjustment of status or consular processing.

Adjustment of Status with Form I-485

If you are already legally in the United States under a different visa, you may file Form I-485 to adjust your status to that of a permanent resident. This procedure takes place within the country and usually requires biometrics, medical examinations, and in some cases, an interview.

Consular Processing at the U.S. Embassy

If you are outside the United States, the process takes place at the embassy or consulate in your country. There, you will attend an interview with a consular officer, and if everything is in order, an immigrant visa will be stamped in your passport. You will then have 120 days to enter the U.S., and after your entry, you will receive your green card (residence card)..

Approximate Costs and Processing Times for Each Path

The I-485 form for adjustment of status has a fee of $1,140 plus $85 for biometrics, payable to USCIS (fees subject to change). The DS-260 form for consular processing currently costs $345, to which you must add the expenses for medical exams. Both procedures may take approximately six months to one year in the best-case scenario, and timelines may vary.

How much is the approximate cost or expense of a process to apply for the EB-3 visa?

The approximate cost of applying for an EB-3 visa varies depending on each case and whether you choose to use premium processing at the stage when the I-140 form is filed with USCIS. On average, the entire process can start from $11,000 and up. This would only be possible if you decided not to hire the services of an international recruitment agency and you already have a sponsoring company that has previously selected you for one of its job openings, plus an immigration attorney with an affordable fee.

Within these estimated $11,000 costs, the following expenses are included: legal advice from an immigration attorney with affordable fees starting at $3,500 and up, the I-140 form ($1,315), the I-907 premium processing form ($2,805), the DS-260 form ($345), as well as additional costs such as translations ($400), medical exams ($500–$750 approximately, depending on the doctor), and the Immigrant Fee ($220). These expenses apply to an applicant without dependents.

This information is key for those seeking to understand the potential costs associated with applying for an EB-3 visa. Please note, this example only applies if you decided not to hire the services of an international recruitment agency. It is important to know that all expenses related to the labor certification process must be covered by the sponsoring company in order to obtain authorization from the U.S. government.

Valuable advice: If you decide to hire the services of an international recruitment agency, it is always preferable to choose one with a physical presence in the U.S., properly registered and governed by U.S. laws. Make sure you can obtain all the necessary information from an advisor who fully understands the process and the American system. Commit yourself to verifying all of the above.

EB-3 Visa for Unskilled Workers

Many applicants are particularly interested in the unskilled worker category of the EB-3 visa. This path allows individuals without advanced degrees or significant experience to qualify for U.S. permanent residency.

EB-3 Unskilled Jobs List and Examples

Common positions that fall under this subcategory include hotel and restaurant staff, janitors, caregivers, warehouse employees, and agricultural workers. These roles require less than two years of training or experience, but they still demand an employer willing to sponsor you.

Differences in the Process for This Subcategory

Although the overall process is the same as for skilled workers, the main difference lies in waiting times. Because the number of visas available for unskilled workers is limited and demand is high, the backlog is much longer. Applicants must go through the same steps—labor certification, Form I-140, and final residency application—but should be prepared for extended waiting periods.

EB-3 Visa Processing Times: How Long Does It Take?

The EB-3 process is lengthy and requires patience. Each stage takes time, and the overall duration can extend for years depending on your category and country of origin.

Average Duration for Each Stage of the Process

Labor certification usually requires between six and nine months. The I-140 petition takes six to twelve months unless premium processing is used. The adjustment of status or consular processing adds another six months to one year. The waiting period associated with the Visa Bulletin is the most unpredictable.

How to Shorten Processing Time with Premium Processing

Although premium processing cannot reduce the time for labor certification or the Visa Bulletin, it can significantly shorten the I-140 petition stage, ensuring that this part of the process is resolved within fifteen days.