The EB-3 visa offers a unique immigration and employment opportunity for foreign nationals seeking to work at a company in the United States. In this article, we’ll cover the basic essentials for seeking an EB-3 visa, including the eligibility criteria and the required United States Citizenship and Immigration Services (USCIS) forms.
The EB-3 is an immigrant visa that confers lawful permanent residence (a Green Card) to individuals with approved USCIS applications. To be eligible, you must fall into one of the three following subcategories:
Each subcategory has its own unique criteria that can be found in the full EB-3 visa guide.
Form I-140 is a USCIS form that is filled out by a petitioner (the U.S. employer) on behalf of a beneficiary who is applying for a Green Card. While each unique EB-3 application timeline may differ, this is usually the second step in the process.
Prior to filing Form I-140, the employer must obtain a Labor Certification that indicates the fact that there are no qualified U.S. workers available to fill the roles available, and foreign workers are needed. Without an approved Labor Certification, an employer may not file Form I-140.
Unlike Form I-140, Form I-551 is not a form that needs to be filed with USCIS. It is simply the official name for the Permanent Resident Card that USCIS issues to individuals who are approved for lawful permanent residence. Form I-551 is more commonly referred to as a Green Card in everyday conversations.
Form I-551 can also be a machine-readable immigrant visa (MRIV) and temporary stamp on a U.S. passport that is indicative of lawful permanent resident status. This stamp acts as interim proof of legal authorization to live and work inside the U.S. When the physical I-551 Permanent Resident Card arrives, the MRIV and temporary stamp are no longer needed.
