EB-3 Unskilled Visa Fraquently Asked Questions FAQ

EB-3 Unskilled Worker Visa – Frequently Asked Questions

General Information

What is the EB-3 Unskilled Worker visa?
The EB-3 Unskilled Worker visa is an immigrant visa category for foreign workers who wish to work in jobs in the United States that require less than two years of training or experience.

What types of jobs qualify under EB-3 Unskilled?
Jobs such as basic labor, cleaning, production line work, packaging, and similar positions that require no more than two years of training or experience.

What is the difference between EB-3 Skilled Worker and EB-3 Unskilled Worker?

Skilled Worker: Requires at least two years of experience or training.

Unskilled Worker: Requires less than two years of experience or training.

Can I obtain a Green Card through the EB-3 visa?
Yes. The EB-3 Unskilled Worker visa is an immigrant visa; once approved, you can receive a Green Card.

Is a job offer required for EB-3 Unskilled?
Yes, sponsorship from a U.S. employer is mandatory.

How much are the EB-3 Unskilled application fees?
Fees vary depending on USCIS processing. Form I-140 is generally around $700. Additional DS-260 and consular processing fees apply.

How long does the process take?
Typically, the process includes PERM labor certification, then I-140 approval, followed by visa availability and consular processing. Overall, it may take 1–5 years depending on the country and quota situation.

Is there an education requirement?
No. Less than two years of training or experience is sufficient.

Is English language required?
It is not legally required under U.S. immigration law; however, depending on the employer and job position, English may be necessary.

Can my family come with me after receiving the visa?
Yes. Your spouse and unmarried children under 21 may accompany you with dependent immigrant status.

Application and Employer Process

How does the EB-3 Unskilled application start?
The employer files a PERM Labor Certification application with the U.S. Department of Labor.

What is PERM certification?
It is an official certification verifying that there are no qualified U.S. workers available for the offered job.

What must the employer do during the PERM process?

Advertise the job

Prove the unavailability of U.S. workers

Clearly define job requirements

How responsible is the employer during the EB-3 process?
The employer is responsible for the PERM process, filing Form I-140, and providing the job offer. The applicant prepares personal documents.

Is a job contract required?
Yes, the job offer must be written and detailed.

Can I apply from outside the U.S.?
Yes, through consular processing using Form DS-260.

Can I apply from inside the U.S. (Adjustment of Status)?
Yes, if you are legally in the U.S. on a status such as F-1 or H-1B, you may apply using Form I-485.

What happens if PERM is denied?
The employer may appeal or reapply. Denials usually occur due to advertisement or procedure issues.

Can the employer be changed?
After visa approval and arrival, it may be possible, but the new job must also meet requirements.

What documents are required?

Passport

Job offer letter

Employer’s PERM approval

Personal training/experience documents

Visa Process

What is Form I-140?
It is the Immigrant Petition for Alien Worker filed by the employer with USCIS.

How long does I-140 approval take?
6–8 months under regular processing; 15 days with premium processing.

What is DS-260?
It is the immigrant visa application form for applicants outside the U.S.

What questions are asked at the visa interview?

Your job position and offer

Your training and experience

Your intention to move to the U.S.

What if the visa is refused?
The refusal reason is provided. You may appeal or reapply.

How long can I stay in the U.S. with EB-3?
Indefinitely, as it leads to permanent residency.

Is working required under EB-3?
Yes. Employment is directly tied to the sponsorship.

Can the job position change after getting the visa?
A new employer and I-140 may be required.

Does the visa expire?
The Green Card is permanent; however, maintaining lawful status is required.

Is a medical exam required?
Yes, a CDC-approved medical examination is required before the interview.

Quota and Waiting Time

What is the annual EB-3 quota?
Total EB-3 quota is about 40,000 annually; unskilled is approximately 10,000 depending on the year.

What is the Visa Bulletin?
A monthly chart by the U.S. Department of State showing visa availability.

What is country quota?
Some countries experience longer wait times due to higher demand.

How long is the waiting period?
It may range from 2–5 years depending on nationality.

What is priority date?
The date PERM is filed; determines your place in line.

What does “current” mean?
No waiting time; applications can proceed.

What is retrogression?
When visa availability moves backward due to high demand.

Can I work while waiting?
Only if you already have valid work authorization.

Is premium processing available?
Yes, for I-140 only; it does not speed up PERM or visa availability.

Can I travel to the U.S. while waiting?
Yes, with a valid nonimmigrant visa or ESTA, but immigrant intent may be questioned.

Spouse and Children

Can my spouse work?
Yes, with an Employment Authorization Document (EAD).

Can children attend school?
Yes.

Do dependents get separate visas?
Yes, under dependent immigrant categories.

Are there separate fees for dependents?
Yes, each dependent pays individual processing fees.

When can my spouse work?
After receiving EAD.

Can children work?
Under 18 cannot work; over 18 may work with EAD.

Can my family permanently stay after Green Card?
Yes.

Does my spouse need to apply separately?
No, dependents are included under your case.

How long does family processing take?
Generally parallel to the main applicant.

Is there a deadline for entering the U.S. after visa approval?
Yes, typically within 6 months.

Application Challenges & Refusals

Why are EB-3 applications denied?

Employer PERM issues

Applicant document problems

Job not meeting EB-3 criteria

What can be done after denial?

Appeal

Reapply

Is PERM denial common?
It may happen due to advertising or procedural mistakes.

What if I-140 is denied?
It may be appealed or refiled.

Can I stay in the U.S. after denial?
Only if you have another valid visa.

Are there fees for appeals?
Yes.

Why does consular denial happen?

Missing documents

Security issues

Misrepresentation

Is denial explained in writing?
Yes.

Can I reapply after denial?
Yes.

Does past denial affect future cases?
No, each case is evaluated independently.

Employment and Work Relationship

You must generally:

Work in the approved job or similar position

Avoid job changes before Green Card unless necessary

Maintain compliance with employer requirements

Work full-time

Receive lawful wages

Green Card & Status

You may change jobs freely after Green Card

Long-term absence may risk residency

Lost Green Card can be replaced

Voting is not allowed until citizenship

Travel is allowed; long trips require re-entry permit

Green Card is valid for 10 years and renewable

Citizenship possible after 5 years

Permanent residency requires living in the U.S.

Dependents

Spouse requires separate EAD

Children may attend university

Family members may come later if needed

Green Card allows unlimited stay

Practical Advice

Premium processing speeds only I-140

Accuracy is essential

Address changes must be reported

Travel depends on maintaining valid status

Is it possible to permanently stay in the U.S. with EB-3 Unskilled?
Yes, you obtain permanent residency and the right to live and work indefinitely with a Green Card.