INA (Immigration and Nationality Act): How It Relates to the EB-3 Visa

The Immigration and Nationality Act (INA) is the primary body of U.S. immigration law. It governs how foreign nationals enter, reside, and work in the United States, defining legal statuses from temporary visas to permanent residence. All employment-based categories, including the EB-3 visa, operate under the framework set by the INA.

What Is the INA?

The INA is a federal statute that consolidated various immigration regulations into one comprehensive act. It outlines:

• Admissions Procedures: How individuals qualify for different visas and how they’re processed at ports of entry.
• Immigrant and Nonimmigrant Categories: The criteria for both temporary and permanent stays in the U.S.
• Enforcement Mechanisms: The legal basis for managing deportations, inadmissibility grounds, and other enforcement matters.

Because the INA covers everything from family reunification to employment-based immigration, it is central to the way U.S. immigration policy is enforced and regulated.

Why the INA Matters for EB-3 Visa Applicants

The EB-3 visa is an employment-based green card category for skilled workers, professionals, and unskilled workers. Provisions within the INA:

1. Define EB-3 Eligibility
   Sections of the INA specify who can qualify as a skilled or professional worker or an unskilled worker. They also detail how many years of training or experience might be required and whether the role is temporary or permanent.
2. Control Visa Numbers
   The INA sets annual quotas for immigrant visas, including EB-3. These caps can create backlogs, meaning applicants must track monthly Visa Bulletins to see if their priority date is current.
3. Establish Consular and Adjustment Processes
   The INA explains how foreign nationals can adjust status (if they are in the U.S.) or go through consular processing overseas to secure their lawful permanent resident status.

Key INA Provisions Affecting EB-3

• Employment Preference Categories: The INA designates EB-1, EB-2, and EB-3 classes and their subcategories, setting out distinct eligibility rules.
• Labor Certification Requirements: It mandates that before filing for an EB-3 petition, employers must secure a labor certification (PERM) to ensure hiring a foreign worker does not harm U.S. employees.
• Numerical Limitations: Each fiscal year, the INA assigns a set number of employment-based immigration slots. EB-3 competes for a portion of these with EB-1, EB-2, and other categories.
• Family Members: Under the INA, spouses and minor children of EB-3 principals can seek derivative immigrant status to live and work in the U.S.

How It Shapes the EB-3 Process

1. Petition Filing
   The INA requires a valid job offer and a PERM labor certification before an EB-3 can be filed using Form I-140 (Immigrant Petition for Alien Worker).
2. Waiting Periods
   Applicants from high-demand countries (like India or China) often wait longer for EB-3 because of the INA’s per-country limits.
3. Adjustment vs. Consular
   Once a visa number is available, the INA allows applicants to file Adjustment of Status (Form I-485) if they’re already in the U.S. lawfully, or go through consular interviews abroad.

Conclusion

The Immigration and Nationality Act (INA) forms the legal bedrock for all U.S. immigration law, including the EB-3 visa. It regulates who can apply, how many can immigrate each year, and what steps are needed for permanent residency. Understanding its major provisions helps EB-3 candidates and employers navigate the path to a green card—covering everything from labor certification to final interviews at consulates or USCIS field offices. By aligning your EB-3 strategy with INA rules, you’ll move through each phase more confidently and be better prepared for the steps leading to lawful permanent resident status.