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EB-3 Visa

EB-3 Eligibility Requirements

What you need, and what your sponsoring employer needs, before an EB-3 unskilled application can move forward.

  • Real jobs.
  • Real pathways.
  • Stronger families.

Eligibility for the EB-3 unskilled category has two halves. You have to qualify for the job, and the employer has to qualify to sponsor it. Both matter, and most applications stall on the employer side rather than the applicant side.

What you need

A qualifying job offer

A permanent, full-time, non-seasonal position from a US employer who will sponsor you.

Ability to do the work

You must meet whatever the role genuinely requires — which for this category is less than two years of training or experience.

Admissibility

You must be admissible to the United States. Certain criminal, immigration and health issues can bar entry.

Civil documents

Passport, birth record, police clearances and, where relevant, marriage or divorce records.

What your employer needs

A real, permanent vacancy

The role must be full-time and ongoing, not temporary or seasonal cover.

Labour certification

The employer must complete the PERM process with the Department of Labor for this position.

Ability to pay

The employer must show it can pay the offered wage from the priority date onwards.

The prevailing wage

The offered wage must meet the prevailing wage determined for that role and location.

Things that commonly cause problems

Applications are most often delayed or refused because the job offer is not genuinely permanent, because the employer cannot demonstrate ability to pay, or because documents are inconsistent — names spelled differently across a passport and a birth record, for example, or dates that do not match.

Previous immigration history matters too. Overstaying a visa, working without permission, or a prior refusal does not automatically end an application, but it must be disclosed and addressed honestly rather than hidden.

Never let anyone submit a form on your behalf that you have not read. You are responsible for what is in your application, and misrepresentation carries consequences that last far longer than a refusal.

This page is general information about a US immigration category, not legal advice. ImmiAxis is not a law firm. For advice on your own case, consult a qualified immigration attorney or accredited representative.

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