Employment-Based Immigration: Third Preference EB-3

 

You may be eligible for this immigrant visa preference category if you are a skilled worker, professional, or other worker.

 

• “Skilled workers” are persons whose jobs require a minimum of 2 years training or experience, not of a temporary or seasonal nature. The skilled worker must meet the educational, training, or experience requirements of the job opportunity. Relevant post-secondary education may be considered as training.

• “Professionals” are persons whose job requires at least a U.S. baccalaureate or foreign equivalent degree and are a member of the professions.

• The “other workers” subcategory is for persons performing unskilled labor requiring less than 2 years training or experience, not of a temporary or seasonal nature.

 

Eligibility Criteria(Skilled Workers, Professionals, Unskilled Workers)

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Skilled Workers

• You must be able to demonstrate that you possess at least 2 years of job experience, education, or training that meets the job requirements specified on the labor certification.

• Relevant post-secondary education may be considered as training.

• You must be performing work for which qualified workers are not available in the United States.

• Labor certification and a permanent, full-time job offer required.

 

Professionals

• You must demonstrate that you possess a U.S. baccalaureate or foreign equivalent degree, and that a baccalaureate degree is the normal requirement for entry into the occupation.

• You must be performing work for which qualified workers are not available in the United States.

• Education and experience may not be substituted for a baccalaureate degree.

• You must meet any other requirements specified on the labor certification.

• Labor certification and a permanent, full-time job offer required

 

Unskilled Workers (Other Workers)

• You must demonstrate the ability to perform unskilled labor (requiring less than 2 years training or experience), that is not of a temporary or seasonal nature.

• You must be performing work for which qualified workers are not available in the United States.

• You must meet any other requirements specified on the labor certification.

• Labor certification and a permanent, full-time job offer required.

 

U.S. Department of Labor – Labor Certification

Third preference petitions must generally be accompanied by an approved, individual labor certification from the Department of Labor on Form ETA-9089. In some cases, the petition may be submitted to U.S. Citizenship and Immigration Service (USCIS) with an uncertified ETA-9089 for consideration as Schedule A, Group I.

 

Application Process

• Your employer (petitioner) must file a Form I-140, Immigrant Petition for Alien Workers.

• As part of the application process, your employer must be able to demonstrate a continuing ability to pay the offered wage as of the priority date.

• Your employer may use an annual report, federal income tax return, or audited financial statement to demonstrate a continuing ability to pay your wage.
   

Family of EB-3 Visa Holders

If your I-140 petition is approved, your spouse and unmarried children under the age of 21 may be eligible to apply for admission to the United States in E34 (spouse of a “skilled worker” or “professional”) or EW4 (spouse of an “other worker”). and E35 (child of a “skilled worker” or “professional”) or EW5 (child of an “other worker”).

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If you have any questions, please let us know today.

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