Como obter um visto EB-3? Ou o que é um visto EB-3?
Santos Lloyd Law Team • September 28, 2023
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Existem diversos tipos de vistos que permitem que você venha para os Estados Unidos e trabalhe. Vistos baseados em emprego lhe darão a oportunidade de viver e trabalhar nos EUA. Sua educação, habilidades e experiência são alguns dos fatores usados para determinar quem é elegível para um visto baseado em emprego. Um visto "EB" para o qual muitas pessoas se qualificam é o visto EB-3.
O Visto EB-3 é um visto baseado em emprego que lhe proporcionará um Green Card, ou seja, a capacidade de viver e trabalhar permanentemente nos Estados Unidos. Existem três categorias distintas de EB-3, todas elas precisando passar pelo processo de certificação de trabalho, e é necessário ter uma oferta de emprego permanente em tempo integral. As três categorias são:
Trabalhador Qualificado EB-3
- Você deve comprovar que possui pelo menos dois anos de experiência profissional ou treinamento e executar um trabalho para o qual não há trabalhadores qualificados disponíveis nos EUA.
Profissional EB-3
- Você deve comprovar que possui um diploma de bacharel dos EUA ou um diploma equivalente na área de trabalho e deve realizar um trabalho para o qual não há trabalhadores qualificados disponíveis nos EUA.
Trabalhador Não Qualificado EB-3
- Você deve comprovar ser capaz de executar trabalho não qualificado que não seja temporário (ou sazonal), para o qual não há trabalhadores qualificados disponíveis nos EUA.
Como mencionado, você precisará de uma oferta de emprego em tempo integral, e seu empregador terá que obter um PERM/Certificação de Trabalho do Departamento de Trabalho dos EUA. Após ser aprovado nesta primeira etapa, que geralmente leva cerca de um ano, os empregadores devem apresentar o Formulário I-140 ao USCIS, o que leva, em média, seis meses.
Finalmente, quando o USCIS aprova o I-140, você, o estrangeiro, pode solicitar um visto de imigrante ou ajuste de status e obter o seu Green Card, o que levará mais seis meses, totalizando uma média de dois anos para a conclusão do processo EB-3.
Se você tiver alguma dúvida, por favor, agende uma consulta com um de nossos advogados especializados, e ficaremos felizes em ajudar.
Este blog não se destina a fornecer aconselhamento jurídico e nada aqui deve ser interpretado como estabelecimento de um relacionamento advogado-cliente. Por favor, agende uma consulta com um advogado de imigração antes de agir com base em qualquer informação lida aqui.
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As an immigration law firm, we regularly assist highly skilled professionals working in the U.S. on temporary work visas such as H-1B who are seeking a path to permanent residency. For many of these individuals, the EB-2 and EB-3 employment-based green card categories are the most pursued—and frequently misunderstood—routes . While both are viable pathways to permanent residency, they differ in meaningful ways that can significantly impact the timing, eligibility, and overall strategy of your case. The EB-2 category is intended for individuals who either hold an advanced degree or demonstrate exceptional ability in their field . Most applicants qualify by having a master’s degree (or higher), or a bachelor’s degree accompanied by at least five years of progressive experience in their profession. There is also a subcategory within EB-2 known as the National Interest Waiver (NIW), which allows qualified individuals to self-petition without employer sponsorship if their work substantially benefits the United States. This route is especially relevant for researchers, entrepreneurs, and professionals in high national interest or mission-critical fields. In contrast, the EB-3 category includes professionals with a bachelor’s degree as well as skilled workers with at least two years of training or experience . While the educational threshold for EB-3 may appear less rigorous, the process itself is equally structured. One key distinction between EB-2 and EB-3 lies in the requirements of the job being offered, not just the applicant’s own credentials. For example, if a position requires only a bachelor’s degree, even a highly qualified candidate with a master’s degree may still fall under EB-3. Regardless of which category applies, most employment-based green card cases begin with the PERM labor certification process . This is a formal procedure overseen by the U.S. Department of Labor, in which the employer must test the labor market and demonstrate that there are no able, willing, qualified, and available U.S. workers for the position. The employer must also agree to pay the prevailing wage as determined by the Department of Labor. This step is both mandatory and highly detail-sensitive; inaccuracies in the job description, recruitment steps, or wage determination can lead to significant delays or even denials. Once PERM certification is approved, the employer files Form I-140 , the Immigrant Petition for Alien Worker. This petition confirms that the employee meets the requirements for the offered position under either EB-2 or EB-3, and that the employer is financially capable of providing the job as described. If the employee’s priority date—which is based on the date the PERM was filed—is current according to the Department of State’s Visa Bulletin, the individual may then file Form I-485 to adjust their status to lawful permanent resident. One of the more nuanced aspects of this process involves understanding how priority dates and visa backlogs affect the timeline. For applicants from countries with high demand, such as India or China, significant delays are common—particularly under EB-2. Paradoxically, there are times when the EB-3 category moves faster, prompting some applicants to file a second I-140 under EB-3 while retaining the original priority date. This strategy can be effective but requires careful legal planning to ensure it’s done correctly. Another strategic factor is portability. If your I-485 application has been pending for at least 180 days and your I-140 has been approved, you may be eligible to change employers under the AC21 portability provisions, so long as the new job is in the same or a similar occupational classification. This flexibility can be critical for employees who experience job changes or promotions during the often lengthy green card process. Ultimately, the choice between EB-2 and EB-3 isn’t about prestige —it’s about aligning your qualifications, the job requirements, and your immigration history with current legal standards and market conditions. The right strategy depends not only on your education and experience, but also on your long-term career goals and country of origin. At our firm, we work closely with both employers and employees to develop individualized immigration strategies that streamline the process and avoid unnecessary setbacks. Whether you're a corporate professional evaluating your green card options or an employer preparing to sponsor a key team member, we offer the insight and experience to move your case forward with confidence.
There are several types of visas that allow you to come to the United States and work. Employment-based visas will give you the opportunity to live and work in the U.S. Your education, skills, and experience are some of the things used to determine who is eligible for an employment-based visa. One “EB” visa many people qualify for is an EB-3 visa.
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In the span of about five weeks, U.S. visa policy changed in ways that affect close to 100 countries. A Presidential Proclamation issued on December 16, 2025, expanded an earlier travel ban to cover 39 countries effective January 1, 2026. Two weeks later, the Department of State announced a separate administrative pause on immigrant visa issuance for nationals of 75 countries, effective January 21, 2026. The two policies overlap in places, diverge in others, and together create one of the broadest restrictions on U.S. visa issuance in recent memory. For applicants and employers trying to make sense of the news, the most important point is this: the rules differ depending on (a) which country the applicant is from, (b) which visa category they are seeking, and (c) where they were on January 1, 2026. Below is a practical guide to what is in place, what is still available, and what to do next. Two Distinct Policies, One Confused Headline What the press has often called "the visa freeze" is actually two separate policies, with different legal foundations and different scopes. Presidential Proclamation 10998 the 39-country travel ban. Signed December 16, 2025, and effective January 1, 2026, this proclamation supersedes and expands the June 2025 travel ban. It invokes INA §§ 212(f) and 215(a) the same legal authority that the Supreme Court upheld in Trump v. Hawaii (2018) — and divides affected countries into two tiers. The State Department's 75-country immigrant visa pause. Announced on January 14, 2026, and effective January 21, 2026, this is an internal Department of State policy, not a presidential proclamation. It freezes immigrant visa issuance for nationals of 75 countries on a stated rationale of public charge concerns. It has been challenged in court (CLINIC v. U.S. Department of State, S.D.N.Y., filed February 2, 2026) on grounds including the INA's prohibition on nationality-based discrimination in immigrant visa issuance. Because the policies operate independently, an applicant from a country that appears on both lists faces overlapping restrictions, while an applicant from a country on only one list faces a narrower set. Tier 1: Full Suspension Under Proclamation 10998 (19 Countries) Nationals of these 19 countries are subject to a full suspension of both immigrant and nonimmigrant visa issuance: Afghanistan, Burma, Burkina Faso, Chad, Republic of the Congo, Equatorial Guinea, Eritrea, Haiti, Iran, Laos, Libya, Mali, Niger, Sierra Leone, Somalia, South Sudan, Sudan, Syria, and Yemen. The proclamation also applies to individuals traveling on documents issued or endorsed by the Palestinian Authority. For applicants in this tier, no tourist, student, work, or immigrant visas will generally be issued, subject to a narrow set of exceptions discussed below. Tier 2: Partial Suspension Under Proclamation 10998 (19 Countries + Turkmenistan) Nationals of these 19 countries are subject to a partial suspension: Angola, Antigua and Barbuda, Benin, Burundi, Côte d'Ivoire, Cuba, Dominica, Gabon, The Gambia, Malawi, Mauritania, Nigeria, Senegal, Tanzania, Togo, Tonga, Venezuela, Zambia, and Zimbabwe. For these countries, the proclamation suspends: All immigrant visas, and B-1/B-2 visitor visas, F and M student visas, and J exchange visitor visas. Critically, employment-based and other nonimmigrant categories including H, L, O, P, and R visas remain available to nationals of these countries, although consular officers are directed to reduce the validity period of any such visa to the minimum extent permitted by law. For our firm's many clients in the entertainment, sports, and business immigration space, this distinction is often the difference between a paused career and a viable plan. Turkmenistan occupies a unique position: under the December proclamation, only immigrant visa issuance is suspended; nonimmigrant categories remain available. The Separate State Department Pause (75 Countries) The January 21, 2026 State Department policy paused issuance of immigrant visas only to nationals of 75 countries. The list is broader than the Proclamation 10998 list and notably includes countries with significant client populations for our firm, such as Brazil, Colombia, Egypt, Guatemala, Lebanon, Morocco, Nicaragua, Pakistan, and many others. Two practical points are essential: The pause is limited to immigrant visas. Nonimmigrant visas including B-1/B-2, F-1, J-1, H, L, O, P, and R are not affected by this policy. A Brazilian artist seeking an O-1, a Colombian executive seeking an L-1, or a Lebanese professional seeking an H-1B can generally continue to apply. The policy is being challenged in court. Plaintiffs in CLINIC v. State Department argue that the freeze violates INA § 1152's prohibition on nationality-based discrimination in immigrant visa issuance, the Administrative Procedure Act, and the Fifth Amendment. The outcome is not predictable, and applicants should not delay strategic planning while awaiting a ruling. Who Is Exempt or Otherwise Unaffected Several categories of individuals are not covered by Proclamation 10998, even where their country of nationality appears on the list: Lawful permanent residents of the United States. Green card holders may continue to travel and re-enter, though re-entry can still involve closer secondary inspection. Individuals physically present in the United States on January 1, 2026. The proclamation applies only to those who were outside the U.S. and without a valid visa as of the effective date. Holders of valid visas issued before January 1, 2026. No visa issued before the effective date has been or will be revoked under the proclamation. These visas may continue to be used for travel. Dual nationals who can apply on the passport of a country not subject to the suspension. A, G, and NATO visa holders , certain Special Immigrant Visa applicants, and limited national interest exceptions, including for specific adoption-related cases. It is worth emphasizing that exemption from the entry ban is not the same as exemption from related USCIS processing holds. Some lawful permanent residents from affected countries have nonetheless experienced delays on naturalization (N-400) and family petition (I-130) processing under separate administrative directives. What Applicants Should Do Now Given how rapidly the rules are changing and how case-specific the consequences are, we are advising clients to take the following steps: Identify which list (or lists) applies to you. A national of Iran or Syria faces fundamentally different exposure than a national of Brazil or Colombia, even though both may have heard "visa freeze" in the news. Look at categories, not just countries. For Tier 2 countries and the 75-country pause, employment-based nonimmigrant categories remain a viable path. Many of the O-1, P-1, H-1B, L-1, and EB-1A pathways our firm regularly handles are unaffected by the immigrant-visa freeze. Consider where you are physically located. Applicants currently in the United States have planning options that applicants abroad may not. Departing the country at the wrong moment can convert an inconvenience into a years-long problem. Do not assume current valid visas remain a guarantee of admission. While valid visas are not being revoked, port-of-entry scrutiny has increased, and discretionary admission decisions are ultimately made by Customs and Border Protection. Seek counsel before international travel if you are from any affected country, hold any form of conditional or pending status, or have any concerns about prior immigration history. When to Consult an Attorney The combination of the Proclamation 10998 travel ban, the 75-country immigrant visa pause, ongoing litigation, and the additional USCIS holds on certain benefit applications has produced a landscape where the right answer is rarely obvious from the news alone. Speaking with counsel is especially important when: Your country appears on either list, and you have a pending or planned visa application. You are weighing whether to leave the United States for a consular interview. You are an employer with a foreign national workforce and need to understand which categories remain viable. You are a dual national considering which passport to use. You hold a valid visa from before January 1, 2026, and are uncertain whether to travel. At Santos Lloyd Law Firm, we represent clients from across the affected country lists including substantial numbers in entertainment, sports, business, and family immigration and we are actively monitoring both the litigation and the State Department's evolving guidance. If you have questions about how the current restrictions apply to your case or your company, our attorneys are available to help you build a plan.
Holding a U.S. visa does not guarantee permanent entry. The Department of State can cancel a visa after it is issued through a process called “prudential visa revocation.” These revocations have surged throughout 2025 and 2026. This increase is a direct result of enhanced vetting and increased data sharing between government agencies. Through the Continuous Vetting Center, law enforcement and immigration databases are now cross-referenced in real time, allowing officials to flag and revoke visas the moment new information surfaces or updated information is received, such as a past criminal arrest or a security alert. What is Prudential Visa Revocation? A prudential revocation is a precautionary cancellation. It happens when new information suggests a traveler might be ineligible for a visa or could pose a safety concern. A revocation cancels your visa, but it does not automatically end your status if you are already inside the U.S. and following the rules of your stay. Common triggers include: Criminal Arrests (DUI/DWI): Even a previous incident or single arrest without a conviction can trigger an immediate revocation. Security Alerts: New hits on watchlists or intelligence databases. Loss of Eligibility: Such as losing a job or failing to maintain student status. Fraud: Discovery of errors or lies on previous applications. The DOS usually notifies individuals via the email address listed on their DS-160 application. However, many travelers reportedly only discover the revocation when they are denied boarding at the airport. If your visa is revoked while you are in the U.S., you can typically remain in the country until the date on your Form I-94 expires, provided you continue to follow all terms of your stay. However, you should avoid international travel until you consult with legal counsel, as leaving the U.S. will require you to apply for a brand-new visa to re-enter. This application process may involve extra scrutiny, such as medical evaluations or supplemental documentation - especially if the revocation was triggered by a DUI or DWI. If your visa has been revoked and you need to discuss your legal options, please contact Santos Lloyd Law Firm for guidance.
U.S. Citizenship and Immigration Services (USCIS) has recently updated its protocols regarding the screening and vetting of immigration benefit applications. These changes involve a more detailed review process that may impact processing times and evidence requirements for various categories of benefits. Key Changes to the Adjudication Process The updated guidance outlines several shifts in how USCIS processes and reviews applications: Adjustment of EAD Validity Periods: For certain categories, the validity periods of Employment Authorization Documents (EADs) may be shortened. This can result in more frequent eligibility reviews throughout the application process. Expanded Use of Social Media and Financial Data: Adjudicators have been granted broader authority to review an applicant’s social media activity and financial history during the vetting process. Policy Updates on Biometric Verification: The agency is revising its approach to biometric identity verification, including the reuse of fingerprints and photographs. Country-Specific Scrutiny: USCIS is coordinating with the Department of State to apply specific analysis to applications based on regional risk factors and fraud indicators. Impact on Interviews and Processing Applicants for adjustment of status, naturalization, and other benefits may encounter more focused questioning during interviews. USCIS is now tailoring its interview process to address potential red flags associated with specific geographic regions or benefit categories. Because of this increased scrutiny, it is essential that all information provided in an application is consistent with an applicant's public record and digital footprint. Discrepancies or incomplete documentation can result in delays or additional requests for evidence. Next Steps As these procedures are implemented, applicants should ensure that all submitted materials are accurate and verifiable. We recommend a thorough review of all public information and documentation prior to filing. If you have questions regarding how these procedural changes may affect your specific case, our team is available to discuss the current requirements and help navigate the updated process.
