Beneficiary: The Sponsored Foreign Worker in EB-3 Visa Petitions

Who Is the Beneficiary?

The Beneficiary in an EB-3 visa application is the foreign national being sponsored by a U.S. employer for a Green Card. This individual is the central figure in the employment-based immigration process, from PERM Labor Certification to securing permanent residency.

Categories of Beneficiaries

The Beneficiary may belong to one of the three EB-3 subcategories:

• Skilled Worker – Requires at least two years of training or experience in a relevant field.
• Professional Worker – Must hold a U.S. bachelor’s degree or a foreign equivalent.
• Unskilled Worker (Other Worker) – A job requiring less than two years of training or experience.

Regardless of category, the Beneficiary must secure a valid job offer from a sponsoring employer, as self-petitioning is not allowed under the EB-3 visa program.

Role of the Beneficiary in the EB-3 Process

The EB-3 visa process is employer-driven, requiring multiple steps to ensure compliance with immigration regulations:

Step 1: PERM Labor Certification

The sponsoring employer must complete the PERM Labor Certification process to prove that no qualified U.S. workers are available for the job. This step is reviewed by the Department of Labor (DOL).

Step 2: Filing Form I-140 (Immigrant Petition for Alien Worker)

Once the PERM is approved, the employer submits Form I-140 to USCIS, demonstrating that the Beneficiary meets the job qualifications and that the employer can pay the required wage.

Step 3: Visa Number Availability

When a visa number becomes available, the Beneficiary can proceed with Adjustment of Status (Form I-485) if already in the United States, or consular processing if applying from abroad.

Beneficiary’s Responsibilities

Although the employer sponsors the petition, the Beneficiary must provide relevant documents to prove eligibility under EB-3 guidelines. Responsibilities include:

• Submitting educational qualifications, training certificates, or experience letters.
• Maintaining lawful status in the United States if already present.
• Attending any required biometric appointments and immigration interviews at USCIS offices or U.S. consulates.

Additional Benefits for the Beneficiary’s Family

Once approved for an EB-3 visa, the Beneficiary gains lawful permanent residency. This benefit extends to:

• Spouses, who may also obtain work authorization.
• Unmarried children under 21, who may receive Green Cards as dependents.

Key Takeaways

Family members can receive Green Cards under the same EB-3 visa petition.

The Beneficiary relies on a sponsoring employer and cannot self-petition.

The PERM Labor Certification and I-140 petition must be completed before a visa number becomes available.

Adjustment of Status or consular processing is required to finalize permanent residency.