Important notice before reading this post
Nothing in this article is intended to be legal advice; all information is for educational purposes only.
Candidate's Requirements
Workers must be willing to perform unskilled labor requiring less than 2 years of training or experience, and the work cannot be temporary or seasonal.
Entities' Requirements
Sponsoring entities must demonstrate that insufficient U.S. workers are available for their needs.
Industries in need of EB-3 unskilled workers include:
- Restaurants, fast-food chains, and other food service establishments
- Hotels, resorts, and other hospitality businesses
- Landscaping companies, property management firms, and outdoor maintenance businesses
- The construction industry
Position's Requirements
- Positions must be in labor shortage areas where qualified workers are unavailable
- The work schedule must be full-time (at least 35 hours per week), but employers can require additional hours
- Tax form must be W-2, not 1099
- Work hours must be paid at least Federal, State, or local minimum wage
Examples of EB-3 Jobs
Examples of EB-3 jobs include:
- Food service workers (kitchen staff, servers, dishwashers)
- Housekeepers, janitors, commercial cleaners
- Landscaping and groundskeeping workers
- Construction workers
- Manufacturing operators
- Truck drivers
Length of Stay
The EB-3 is an application for permanent residency (Green Card). The Green Card is valid for 10 years and can be renewed indefinitely as long as you remain in the USA for more than 6 months each year.
Compensation & Benefits
While in the United States, workers have the right to:
It's your responsibility to conduct your research and negotiate your compensation and benefits before accepting an offer from a U.S.-based company.
- Be paid fairly: Your employer must pay you for all work you do, and at least the federal legal minimum wage
- Work in a healthy and safe workplace, free from discrimination, harassment, and exploitation: Your employer must comply with all relevant federal and local workforce laws and regulations
Family
- Your spouse and unmarried children under 21 can be your dependents, and they can come and live in the United States with you under the Green Card
- Your spouse and children can study in the United States under the Green Card
- Your spouse can work in the United States under a Green Card
Parties Involved
The entity that sponsors you is your future employer. You will need a certified immigration lawyer or an agency.
Process Step by Step
You can not skip any steps. For example, if you haven't received any job proposal from an entity willing to sponsor you for an EB-3, and if this entity hasn't filed any H-1B petition and gotten approved for it, you won't be able to apply for the EB-3 visa.
- Find a job at an entity willing to sponsor you for an EB-3
- Your entity files an EB-3 petition with you
- Apply for the EB-3 (if you are outside the USA)
- Get the EB-3 visa and travel to the USA (if you are outside the USA)
Job Search Duration
The time to get a job varies depending on the number of jobs you apply for and receive each month, your fit for the jobs, the quality of your applications, and your performance in job interviews. For example, someone with an American resume and a cover letter, who applies for 5 or more targeted jobs each week and is ready to master job interviews, usually gets an ideal job offer with visa sponsorship within 4 months.
Visa Process Duration
Candidates usually take 2 to 3 years to obtain an EB-3 visa.
Visa Fees
The fees are the candidate's responsibility and range from $28,000 to $40,000.
Alternatives
The J-1 visa is designed for professional training and skill development—not just temporary labor—making it a strong option for building your career in the United States. It's more affordable (fees up to $1,995) and faster to obtain (around 2 weeks), making it a great way to live and gain experience in the U.S.