Chicago EB-3 Visa Attorney

The EB-3 visa is an employment-based immigrant preference category that offers a path to lawful permanent residence for workers across a wide range of industries and skill levels. For immigrants in the Chicago area, this category represents a meaningful opportunity to build a long-term future in the United States through employer sponsorship.

Whether you work in healthcare, manufacturing, construction, technology, or another field, the EB-3 category may apply to your situation. Sverdloff Law Group works with workers and employers across Chicago and the surrounding suburbs to prepare thorough, well-supported petitions from the start.

Who Is Eligible for the EB-3 Visa?

The EB-3 category covers three distinct subgroups. Eligibility depends on your education, work experience, and the nature of the job offer.

Skilled Workers

• You perform a job that requires at least two years of training or work experience
• The position is not considered unskilled or temporary
• Examples include electricians, machinists, and experienced healthcare technicians

Professionals

• You hold a U.S. bachelor’s degree or its foreign equivalent
• Your job requires that degree as a minimum qualification
• Examples include engineers, accountants, and registered nurses

Other Workers (Unskilled Workers)

• You perform unskilled labor requiring less than two years of training or experience
• The job must be a permanent, full-time position
• This subcategory often faces longer visa wait times due to high demand

The EB-3 Application Process: Step by Step

Step 1: PERM Labor Certification

State that most, not all, EB-3 cases require the sponsoring employer to obtain PERM labor certification from the U.S. Department of Labor. This process requires the employer to show that no qualified, available U.S. workers could fill the position. The employer conducts a formal recruitment process, documents the results, and submits an application to the Department of Labor. Certain cases may follow different procedures, including Schedule A cases. Your priority date is generally established when the Department of Labor receives your labor certification application.

Step 2: File Form I-140

Once the PERM is certified, your employer files Form I-140, Immigrant Petition for Alien Workers, with USCIS. This petition establishes your eligibility for the EB-3 category. Your priority date is generally the date the Department of Labor receives your labor certification application.

Step 3: Wait for Visa Availability

After USCIS approves Form I-140, you must wait until a visa number is available in your category and country of birth. The U.S. Department of State publishes a monthly Visa Bulletin tracking current priority dates.

Step 4: Adjustment of Status or Consular Processing

Once a visa number is available, you may file Form I-485 to adjust your status if you are already in the United States. If you are abroad, you complete the process through consular processing at a U.S. embassy or consulate.

Frequently Asked Questions

How long does the EB-3 process take?

Total processing time varies based on the PERM certification timeline, USCIS workload, and visa availability. Some cases resolve in two to three years; others take longer, particularly for applicants from countries with high demand.

Can my family members come with me on an EB-3 visa?

Yes. Your spouse and unmarried children under 21 may be eligible for derivative immigrant visas or adjustment of status alongside your application.

What is the difference between EB-2 and EB-3?

The EB-2 category generally requires an advanced degree or exceptional ability, and it often carries shorter wait times. The EB-3 category serves a broader range of workers, including those with a bachelor’s degree, two years of experience, or less.

Does my employer pay for the EB-3 process?

The employer must bear PERM-related recruitment and employer legal costs and generally cannot seek reimbursement from the foreign national for those costs.

Can I change jobs while my EB-3 case is pending?

In some circumstances, yes. Portability rules under the AC21 law may allow you to transfer to a similar job with a new employer once your I-485 has been pending for 180 days or more. Legal advice is important before making any job change during a pending petition.

Schedule a Consultation With Sverdloff Law Group

If you work in Chicago and want to understand whether the EB-3 visa fits your situation, Sverdloff Law Group is ready to help. Our team reviews your eligibility, guides you through each stage of the process, and works closely with sponsoring employers to build complete, accurate filings. Contact us today to schedule a consultation and take a clear step toward your permanent residency goals.