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EB-3: Skilled, Professional
& Other Workers

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EB-3: Skilled, Professional
& Other Workers

  • Transitioning from EB-3: Skilled, Professional & Other Workers: A Strategic Move for Faster U.S. Permanent Residency

The U.S. immigration system offers a range of pathways for individuals seeking permanent residency, but for many foreign nationals, the EB-3 and EB-5 visas stand out as two of the most commonly pursued routes. While the EB-3 visa is designed for skilled and unskilled workers as well as professionals, the EB-5 Immigrant Investor Program allows investors to obtain U.S. residency through economic contributions. In recent years, many EB-3 applicants, particularly those from countries like India and China with long visa backlogs, have started to explore the transition from EB-3 to EB-5 as a way to accelerate their green card process.

At U.S. Visa India Services, we specialize in assisting applicants who wish to make the transition from EB-3 to EB-5. This article outlines the key aspects of both visa categories and explains why switching to EB-5 might be a smart, strategic move.

 

✧ Understanding the EB-3 and EB-5 Visas

The EB-3 Visa Overview

The EB-3 visa is an employment-based green card option for three main groups of foreign nationals:

  • Skilled Workers: Individuals with at least 2 years of work experience or training in a skilled occupation.
  • Professionals: Individuals with a S. bachelor’s degree or its foreign equivalent.
  • Unskilled Workers: Individuals performing labor requiring less than 2 years of experience.

 

The process to obtain an EB-3 green card involves several steps:

  1. Labor Certification (PERM): The employer must first prove that there are no qualified U.S. workers for the position.
  1. I-140 Immigrant Petition: The employer submits this petition on behalf of the worker.
  2. Waiting for Priority Date: EB-3 applicants may face significant delays due to high demand, especially from countries with large applicant pools like India and China.
  3. Adjustment of Status or Consular Processing: Once the priority date becomes current, the applicant can apply for permanent residency either within the U.S. or through consular processing.

 

➤ The EB-5 Visa Overview 

The EB-5 Immigrant Investor Program allows individuals to obtain a U.S. green card by making a qualifying investment in the U.S. economy. Key requirements include:

  • Investment Amount: $800,000 in a Targeted Employment Area (TEA) or $1,050,000 in non-TEA areas.
  • Job Creation: The investment must create or preserve at least 10 full-time jobs for S. workers.
  • New Commercial Enterprise: The investment must be in a new business or enterprise that meets specific criteria set by U.S. Citizenship and Immigration Services (USCIS).

The EB-5 process involves:

  1. Investment: The applicant invests the required capital into a qualifying project.
  2. Form I-526E: This is the petition filed by EB-5 investors.
  1. Conditional Green Card: If the petition is approved, the investor and their family (spouse and unmarried children under 21) receive conditional green cards.
  2. Form I-829: After two years, the investor must file a petition to remove the conditions and obtain permanent residency.

Why EB-3 Applicants Are Transitioning to EB-5

Due to high demand and per-country limits (especially for countries like India and China), many EB-3 applicants face long wait times—sometimes extending decades. Given these delays, more and more individuals are exploring the EB-5 route as a way to obtain a green card more quickly. Several factors are driving this shift:

Shorter Wait Times

EB-5 applicants can often obtain a green card much faster than those in the EB-3 backlog. For example, EB-5 investors can sometimes receive their green cards in just 2-3 years, compared to the decades-long wait for EB-3 applicants from high-demand countries.

Reauthorization of EB-5 Regional Centers

The EB-5 Regional Center Program was reauthorized in 2022, bringing important integrity reforms and protections for investors. This has enhanced the program’s credibility and increased its appeal among foreign nationals looking for a faster, more reliable immigration path.

Concurrent Filing Rules

With recent concurrent filing rules, applicants can submit their I-526E petition for EB-5 and their I-485 Adjustment of Status application at the same time, allowing them to gain Employment Authorization (EAD) and Advance Parole (AP)—which means they can work and travel freely while waiting for their green card approval.

 EB-3 to EB-5: Step-by-Step Transition Process

Transitioning from EB-3 to EB-5 requires a well-thought-out process. Here’s a step-by-step guide:

 

➤ Evaluate Current EB-3 Status 

  • Review your priority date and determine whether it is significantly backlogged.
  • Assess your financial ability to make an EB-5 investment.

 

➤ Select an EB-5 Project or Direct Investment

  • Most applicants prefer Regional Center projects, which streamline the job creation requirements for EB-5 petitions.
  • Perform due diligence on the chosen project to ensure it meets both financial and immigration requirements.

 

➤ Make the Investment 

  • Invest the required capital—either $800,000 in a Targeted Employment Area (TEA) or $1,050,000 in other regions.

 

➤ File Form I-526E (Immigrant Petition)

  • Submit the I-526E petition with supporting legal and financial documents.

 

➤ Concurrent Filing of I-485 (if inside U.S.)

  • If you are already in the S., you can file I-485 (Adjustment of Status) concurrently with your EB-5 petition.
  • This allows you to receive an EAD (Employment Authorization Document) and AP (Advance Parole) within 3–6 months.

 

➤  Adjustment of Status or Consular Interview 

  • Once your EB-5 petition is approved and a visa number is available, you and your family will receive your green cards.

 

➤  Withdraw EB-3 Petition (Optional)

  • Once your EB-5 petition is progressing smoothly, you may choose to withdraw your EB-3 petition to avoid any confusion around dual intent (though this step is not mandatory).

Benefits of Transitioning from EB-3 to EB-5

Faster Green Card Process

Switching to EB-5 often results in a faster green card process, especially for those stuck in the EB-3 backlog.

Concurrent Filing Advantage

The ability to file for Adjustment of Status (I-485) concurrently with the EB-5 petition allows you to gain work and travel permits within a few months, significantly improving your quality of life in the U.S.

Greater Control

EB-5 is a self-sponsored visa, meaning you don’t rely on an employer for sponsorship. This provides flexibility and security if you are facing job uncertainty or layoffs.

Family Immigration Benefit

Your spouse and children under 21 can receive green cards as derivatives, allowing them to live, work, and study freely in the U.S.

No Employer Sponsorship

With EB-5, you are no longer tied to a specific job or employer, removing potential challenges related to employer-based immigration policies or sponsorship.

Important Considerations and Risks

While the EB-5 program offers many benefits, it’s important to keep the following factors in mind before transitioning:

Financial Risk

The investment must be placed “at risk”, meaning there’s no guarantee of return or even full repayment.

Project Due Diligence

Careful selection of a reputable Regional Center or direct investment project is crucial to mitigate financial and immigration risks.

Source of Funds

You must prove the lawful source of your investment funds. This could include documenting earnings from your job, business income, inheritance, or other legitimate sources.

Timing

The timing of your transition from EB-3 to EB-5 is important. It’s crucial to avoid conflicts with your existing EB-3 or H-1B status, which could create complications in your immigration process.

Conclusion: The Strategic Value of Transitioning from EB-3 to EB-5

For many individuals stuck in the EB-3 backlog, transitioning to EB-5 offers a promising and accelerated route to U.S. permanent residency. With the ability to self-petition, file concurrently, and enjoy family-based green card benefits, EB-5 provides flexibility, security, and the potential for a much faster green card process.

At U.S. Visa India Services, we specialize in helping investors navigate the complexities of transitioning from EB-3 to EB-5. We offer expert legal advice and assistance, ensuring that your transition is as smooth as possible and aligned with your goals for a successful U.S. residency.

If you’re ready to explore your options and make a strategic move toward faster permanent residency, contact us today to learn how we can help you transition from EB-3 to EB-5.

Ready to Start Your EB-5 Journey?

Let U.S. Visa India Services, handle the complexities so you can focus on your future. With over 7 years of experience and a proven success record, we are your trusted partner in achieving U.S. residency through the EB-5 Program.

Contact us today to schedule a consultation and get started on your EB-5 petition with confidence.

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