EB3 Visa Application Process for Nigerians – Your Comprehensive Guide
The EB3 visa allows individuals to obtain a green card through sponsorship by a U.S. company. To secure a green card, your company must go through the labor certification PERM process.
Of the total green cards available for foreign workers, 28.6% are allocated towards the EB3 visa. Therefore, approximately 40,000 EB3 visas are available per year. Additionally, no more than 7% of the total EB3 visas can go to nationals of any one country.
The F1 Visa (Student visa) rejection rate has increased the last two years from FY 2021: 19.84% to FY 2022: 34.93%. FY 2019 saw a rejection rate of 25.38% and subsequently FY 2020 was 31.16%
In this guide, we will walk you through several important aspects of the EB3 visa process as a Nigerian citizen. I will also show you how you can utilize this visa to obtain a green card to live in the United States.
Overview
What is the EB3 Visa?
What are the Benefits of the EB3 Visa?
What are the EB3 Visa Requirements?
What is the EB3 Visa Application Process?
What Documents are Needed to Apply for an EB3 Visa?
What Forms are Needed to Apply for an EB3 Visa?
What are the EB3 Visa Fees?
What is the EB3 Visa Processing Time?
Conclusion
1. What is the EB3 Visa?
The EB3 visa grants permanent residency (a green card) to qualified individuals. You may be eligible for an EB3 visa if you are a skilled worker, unskilled worker, or professional. Approximately 40,000 EB3 visas are available each year.
The EB3 visa is a third-preference employment visa, which means the requirements are less stringent than those for EB1 and EB2 green card visas. However, this may lead to longer wait times. Currently, 28.6% of employment-based green cards are allocated for EB3 visas, totaling around 40,000 EB3 visas granted each year. Additionally, no more than 7% of approved EB3 visas can go to applicants from any single country, leading to potentially longer wait times for nationals from countries with high numbers of applicants, such as India and China.
While the fiscal year begins on October 1st, there is no advantage to applying at any specific time of the year. You can submit an EB3 visa application at any time. The EB3 visa, like most green cards, is valid for 10 years and can be renewed if needed.
At Residency Advanced would be happy to answer any questions about the EB3 visa and assist both petitioners and beneficiaries with the application process.
2. What are the Benefits of the EB3 Visa?
There are many benefits to receiving an EB3 visa. Here are just a few:
Permanent Residency: The EB3 visa grants qualified individuals permanent resident status in the United States (U.S. Green Card), allowing for freedom to change employers and travel more easily.
Less Stringent Requirements: The EB3 visa has fewer strict requirements compared to EB1 and EB2 visas, making it more accessible for some individuals who might not qualify for those categories.
Family Inclusion: Your spouse and dependent children (unmarried children under 21) can accompany you to the United States. While in the U.S., your children can attend school, and your spouse can work after obtaining their Employment Authorization Documents or green card.
3. What are the EB3 Visa Requirements?
Several requirements must be met to qualify for the EB3 visa. At Residency Advanced we would be happy to help you determine if you meet these conditions.
Employment Criteria: The EB3 visa is available to professionals, skilled workers, and unskilled workers. Professionals must have a bachelor’s degree or equivalent in a job where such a degree is required. Skilled workers must have at least two years of job training or experience, and unskilled workers perform jobs requiring less than two years of training. Jobs must be permanent in nature.
No Qualified American Workers: Your EB3 visa must be approved in a manner that does not adversely affect American workers. An approved labor certification is needed to demonstrate this.
Valid Job Offer: A U.S. employer willing to sponsor you must extend a valid job offer and prove that no American workers are available for the position. This is verified through the labor certification. The employer must maintain a valid employer-employee relationship with you, meaning they can pay and supervise you.
4. What is the EB3 Visa Application Process?
The EB3 visa application process consists of several steps outlined below, followed by detailed explanations of each step. At Residency Advanced we are available to provide additional information or assistance with any part of this process.
Labor Certification
I-140 Petition
Form DS-261
Medical Examination
Visa Application
Visa Interview
Arrival in the United States
Labor Certificate
The first step in the EB3 visa application process involves the U.S. employer obtaining a labor certification from the Department of Labor (DOL) after initiating a prevailing wage determination.
The Labor Certification is essential to demonstrate that no qualified U.S. workers are available for the position. It also confirms that the employer will pay the beneficiary the prevailing wage set by the DOL for that job.
To acquire the Labor Certification, the employer must file Form ETA-9089 with the DOL. This form contains details about the employer, the wage structure, job responsibilities, the beneficiary, and, if applicable, any attorney or agent involved.
Additionally, the employer may be required to show evidence of active recruitment efforts for the job before extending an offer to the beneficiary. This step is crucial to prove that there are no eligible and willing American workers for the position. Recruitment efforts may include submitting a job order with the State Workforce Agency (SWA) and advertising through various channels such as newspapers, professional journals, job fairs, campus events, professional organizations, websites, private employment agencies, and other relevant media outlets.
An approved labor certification from the DOL is necessary before submitting the I-140 petition to USCIS.
I-140 Petition
Once the labor certification is approved, the U.S. employer can submit a petition on behalf of the beneficiary by filing Form I-140 with United States Citizenship and Immigration Services (USCIS).
The I-140 petition includes information regarding the EB3 visa category, details about the petitioner and beneficiary, and specifics of the job offered. The employer must also provide financial documentation to demonstrate their ability to pay the beneficiary's salary.
USCIS will review the petition. If it is not approved, the beneficiary will be unable to receive an EB3 visa. If approved, a notice will be sent to the National Visa Center (NVC) if the beneficiary is applying from abroad and not adjusting status within the U.S.
The NVC will then establish the priority date for the visa application. As there is a cap on the number of visas approved each year, wait times may apply. You cannot proceed with the visa application until your priority date is current. More information about waiting times can be found in Section 8: What is the processing time for an EB3 visa?
Once your petition is approved and your priority date is current, you will receive a notice. At this juncture, the beneficiary must complete several steps if abroad.
Form DS-261
The first step for the beneficiary is to complete Form DS-261, the Online Choice of Address and Agent. This form must be filled out online and provides the U.S. Embassy in the beneficiary’s home country with essential application information. A confirmation notice will be issued once the form is processed, which is required before making a visa appointment.
Medical Examination
The beneficiary must also undergo a medical examination with an approved NVC doctor. This ensures that they have received all vaccinations and have appropriate health records for entry into the United States.
Visa Application
After receiving the confirmation notice for Form DS-261, the beneficiary must submit several documents to the U.S. Embassy. Required documents include the approved labor certification, approved I-140 petition, completed DS-261, passport, medical examination records, job contract, academic records, resume, criminal records, and a photograph. Additional documentation may be requested by the NVC.
More information about necessary documents for the EB3 visa application will be provided in Section 5: What documents are needed for the EB3 visa application process?
Upon submitting the required documents, the beneficiary will need to schedule an appointment with the U.S. embassy.
Visa Interview
After all documents are submitted, the beneficiary will have an interview with a U.S. consular officer. During this interview, the officer will review the submitted documents and may ask questions regarding the beneficiary’s background and intended work in the United States. The consular officer will use this information to decide whether to approve the EB3 visa application.
Arrival in the United States
If the consular officer approves the application, the beneficiary will be granted an EB3 visa. This allows them to enter the United States as a green card holder, enabling them to work and fulfill the responsibilities of a permanent resident.
5. What Documents Are Needed for the EB3 Visa Application Process?
The EB3 visa application may require various documents. The list below provides a general overview, but specific documentation will depend on your individual circumstances. You might not need some of the items mentioned, or you may want to include additional documents not listed here. My team and I at Residency Advanced are happy to assist you in determining which documents are most appropriate for your situation.
It’s important to keep a record of all documents submitted. Retain all application-related documents for up to three years, as you may need to provide them in case of an audit. Note that some audits are conducted randomly, and any applicant can be selected for review.
Required Documents:
Written contract between the U.S. employer and the beneficiary
Valid passports for the beneficiary and any dependents
Recent photographs
Medical and vaccination records
Academic records
Documentation of previous work experience
Criminal records
Evidence of significant awards or honors
6. What Forms Are Needed for the EB3 Visa Application Process?
Several forms are essential during the EB3 visa application process. Below is a brief overview of these forms. My team and I are available to provide additional information about each form and assist you in preparing the necessary documentation.
Form ETA-9089
Form ETA-9089 is the Application for Permanent Employment Certification. Approval from the Department of Labor is required before you can submit a petition for an EB3 visa. This form provides critical information about the employer, job, and beneficiary, ensuring that hiring the beneficiary does not adversely impact American workers and that the beneficiary is treated fairly in the U.S. If this form is not approved, the EB3 visa application process cannot continue.
Form I-140
Form I-140 is the Immigrant Petition for Alien Workers. This form serves as your petition for the EB3 visa. USCIS will evaluate the information provided in this form to determine if you qualify for an EB3 visa. It includes details about the petitioner, beneficiary, and job.
Form DS-261
Form DS-261 is the Online Choice of Address and Agent, completed by the beneficiary. This form notifies the U.S. Embassy that you wish to initiate the visa application process. You cannot proceed with the visa application until you receive a confirmation notice regarding Form DS-261.
7. What Are the EB3 Visa Fees?
Several fees are associated with the EB3 visa application process. Below are the fees as of the publication date; however, please verify that these amounts have not changed. It’s also important to note which fees are covered by the U.S. employer and which are the responsibility of the beneficiary.
I-140 Petition filing fee: $700
DS-261 processing fee: $445
Additional fees (medical examination, translations, photocopying, etc.): vary case by case
8. What Is the EB3 Visa Processing Time?
The total processing time for an EB3 visa can vary based on several factors, including the USCIS center handling the case, the applicant's country of origin, and the specifics of the individual application. Processing can take as little as a year but may extend to several years, particularly for applicants from India and China, who should expect longer wait times. For more accurate estimates regarding your specific case, my team and I are here to provide assistance.
Conclusion
The EB3 visa grants permanent residency to qualified individuals. You should now have a clearer understanding of the various aspects of the EB3 visa, including its benefits, requirements, and application process.
If you have any questions regarding the information in this guide or about the EB3 visa in general, please feel free to email us directly at info@residencyadvanced.com. We are very responsive via email, our team and I are more than happy to assist you.