E3W Visa Guide

There are different categories of individuals who come into the country as immigrants — some as relatives, other as workers. Even within the worker category, there are multiple subcategories, and EW-3 is one of them. But not all workers are provided with an EW-3 visa. In this article, we explain everything you need to know about the EW-3 visa.

Update: EW-3 Visa Rolled Into EB-3 Visa

Previously, the EW-3 visa was a separate visa subcategory. However, it is now bundled under the EB-3 visa. 

What Is the EW-3 Visa?

The United States has always sought skilled workers from around the world. But some organizations require unskilled workers. These are typically workers who have less than two years of experience in a particular job post. Because of a lack of unskilled workers, companies face shortages, and there’s a huge gap at the moment.

U.S. employers who cannot find the required talent within the United States can bring in unskilled foreign workers. To facilitate their immigration, the USCIS is offering EB-3 visas. Companies are required to file a petition for these workers and sponsor them.

But EB-3 visas are also awarded to skilled workers and professionals. Skilled workers have adequate job training and post-secondary education. Professionals are those people who possess a U.S. baccalaureate or foreign equivalent degree. In both these cases, the company must demonstrate a lack of local talent to fill the jobs.

How Does the EW-3 Visa Work?

The EW-3 visa was created for employers to bring unskilled workers into the United States. But the process isn’t straightforward. Companies cannot directly bring in any worker. They must get approval from the USCIS.

This process begins with a petition application. The company needs to file a petition with the USCIS and prove that they could not find local talent to get the job done. This is in the form of job postings and advertisements on major portals. If no one responds to these job listings or is willing to take the job, the company proves it couldn’t find employees in the country. Only then can a company sponsor a worker to come into the United States and work on an EW-3 visa.

EW-3 Visa Requirements

There are different criteria laid out by the USCIS to determine whether or not a candidate is eligible for the EW-3 visa. Those are:

• The worker should be classified as unskilled both in terms of educational qualification and work experience. By the definition of “unskilled,” the worker should possess no more than two years of work experience in a particular job post.
• Skilled workers and professionals can also qualify for EW-3 jobs provided that there are not enough workers in the United States to fill those jobs.
• The worker should have a work offer from a U.S.-based employer. In other words, a company in the U.S. must be willing to sponsor the worker.
• The worker should not be disqualified on other grounds that would prevent him from entering the territories of the United States.
• The job offer should be full-time in nature. Therefore, nonseasonal, contractual jobs are not eligible for an EW-3 visa.

For employers, there are criteria too. One of them has already been discussed: they need to prove that they couldn’t find workers in the U.S. who were willing to take up the job. The second requirement is they must comply with all the hiring laws and labor laws in the U.S.

How to Apply for an EW-3 Visa?

When applying for the EW-3 visa, it’s the U.S.-based employer who takes the first step. This starts with filing a petition with the USCIS to bring a foreign worker into the United States. Once the employer is done, the applicant’s work begins. Here’s how to move forward with the EW-3 visa application process:

Apply for Department of Labor Certification

To bring in any foreign worker, companies must receive a Labor Certification from the Department of Labor. This certificate proves that the employer can safely take care of the foreign worker financially. This also demonstrates that they can provide a safe working environment for the workers they bring in. To get the certificate, the employer must file Form 9089 with the Department of Labor. Completing the form should be straightforward.

File a Petition

After receiving the certificate, the employer should file Form I-140, Immigrant Petition for Alien Worker. The role of this form is to verify that the employer meets the labor standards and is cleared to bring in workers. The form interrogates the financial health of the company, including tax filings and balance sheets. If the petition is approved, it will be forwarded to the National Visa Center (NVC) for further processing.

File Form DS-261

From this step onwards, it’s the foreign worker who takes charge. He/she will have to file Form DS-261, Choice of Address and Agent. The worker will have to provide basic biographical information and background details. The form is supposed to be filled out online, and at the end, the worker will be presented with a confirmation page. He/she must forward it to the NVC along with the documents mentioned in the section below.

Medical Examination and Vaccination

The U.S. has strict health and vaccination requirements for everyone coming into the country and seeking a green card. Therefore, the worker has to undergo a medical examination and take the necessary vaccines. He/she must submit a report signed by a licensed doctor confirming the vaccinations and medical tests.

Attach Relevant Documents

Depending upon your particular case, the USCIS will ask you to provide a set of documents. You must provide photocopies of some or all of the documents mentioned below:

• Passport that has a validity of at least six months from the expected date of departure from the U.S.
• Job offer from the U.S.-based employer
• Approved labor certificates
• Approved petition from the employer
• DS-261 confirmation page
• Medical report for vaccination
• Two identical photographs as per USCIS standards
• Latest resume or CV
• Criminal records
• Educational certificates

Visa Interview

Once the documents are submitted and reviewed by the NVC, the worker will be asked to attend an interview at the local U.S. embassy. He/she must attend the interview and answer the questions. The consular may also verify additional information as required. The final decision on whether or not to award the worker with the EW-3 visa depends on this interview. Therefore, it’s really important to be as accurate and diligent as possible.

Receive the NVC Packet and Enter the U.S.

If the consular approves the worker, the NVC will send a packet to the foreign worker via courier. He/she shouldn’t open the packet; they are to hand it over to the immigration officers at the Port of Entry. If the seal is broken, they will be denied entry. The officer in question has the final say on this. If approved, the worker can enter the U.S. and start working.

EW-3 Visa Application Fees

The processing fee for an EW-3 visa is $190 and is largely paid by the employer. The workers are not required to pay anything except for translation or similar services. The fee also varies from country to country.

Conclusion

There are a total of 10,000 EW-3 visas awarded every year. This cap makes the visa extremely competitive among employers. Therefore, expect wait times and delays in getting the visa application processed.

Frank Gogol

I’m a firm believer that information is the key to financial freedom. On the Stilt Blog, I write about the complex topics — like finance, immigration, and technology — to help immigrants make the most of their lives in the U.S. Our content and brand have been featured in Forbes, TechCrunch, VentureBeat, and more.

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