EB-3 EW

The Immigration and Nationality Act (INA) limits the number of annual visas the Department of State may grant to applicants for immigration to the United States. The Statute creates a variety of visa categories and establishes a series of caps and provisions applicable to each group. The employment-based preference subcategory for “other workers” under 8 U.S.C. § 1153(b)(3)(A)(iii), is colloquially known as the “EB-3 EW” subcategory.

The employment-based preference subcategory for “other workers” under 8 U.S.C. § 1153(b)(3)(A)(iii), is colloquially known as the “EB-3 EW” subcategory. The EB3-Other (EW) Program was designed to be an employment program instead of merely being for immigration benefits. Under this program, employers in the United States will sponsor foreign workers for immigration benefits in exchange for those workers working for them for at least one year.

This foreign recruitment and sponsorship program was created to supplement the local hiring process. For this reason, any U.S. employer who starts this EW sponsorship program must show that it hired all the eligible and willing workers who applied before sponsoring any foreign worker. To comply with the program, priority must be given to the U.S. workers over any foreign workers.

Attorney for the EB-3 EW Visa in The Woodlands, TX

Contact an experienced immigration attorney in The Woodlands, TX, in Montgomery County. Luis F. Hess is focused on employment-based immigration for business. The “EB-3 EW” subcategory is subject to a particularly complicated set of provisions and caps. In fact, the EB Third Preference subcategory is limited to 5,000 visas annually.

The EB-Third Preference is also subject to statutory limits on the total number of visas issued worldwide and per country each year as explained in 8 U.S.C. §§ 1151(a) and 1152(a)(2). This type of via is also subject to a temporal directive contained in § 203(e)(1) of the INA, which provides that certain “[i]mmigrant visas ... shall be issued to eligible immigrants in the order in which a petition in behalf of each such immigrant is filed.”

Attorney Luis F. Hess represents workers and their employers in business-related immigration issues throughout Shenandoah, just north of The Woodlands. He represents people in Harris County, Montgomery County and the surrounding counties in Texas in greater Houston metropolitan area.

Call (281) 205-8540 today.


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Three Step Process to Obtain an EB-3 EW Visa

Obtaining an EB-3 Third Preference visa involves a three-step process. First, the alien's employer must file an application for labor certification with the Department of Labor (DOL) requesting certification that there are no qualified workers in the United States available to fill a relevant job opening. 

Second, if the DOL provides the requested certification, the employer may then file a petition for an alien worker, requesting that the Department of Homeland Security's United States Citizenship and Immigration Services component (USCIS) approve the alien for a visa in the EB Third Preference category. The date that a request for certification is accepted for processing by the DOL is called the “priority date.” 

The third step is applying to a State consular official for an immigrant visa after the alien's priority date becomes “current” and when the alien is still residing outside the United States. If the alien is residing inside the United States when his or her priority date becomes current, the third step is to file an application for adjustment of immigration status with USCIS. An alien's priority date is current when it is no later than the ‘cutoff’ date' established by State for his or her group.


This article was last updated on Friday, January 26, 2018.

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