EB-3: EMPLOYMENT-BASED THIRD PREFERENCE IMMIGRANT VISA

The third category, called EB-3, is for professional workers, skilled workers, and unskilled workers.  “Professional workers” are workers in positions that normally require a Bachelor’s degree.  “Skilled workers” are workers in positions that normally require at least two years of professional training or work experience.  “Unskilled workers” are workers in position that normally require less than two years of training or prior work experience.

The procedures for filing EB-2 and EB-3 green cards applications are very similar.  Normally, a U.S. business must agree to serve as the employer.  The employer can be a business that the foreign worker already works for (usually with a temporary visa, such as an H-1B Visa) or it can be a business that does not currently employ the foreign worker, but would like to employ the worker in the future when the green card is approved.

The employer is also sometimes called the “petitioner,” because the employer signs and submits a “petition” (application) with the government on behalf of the foreign worker.  The foreign worker is often called the “beneficiary,” because he or she is the person who will receive the benefit when the green card petition (application) is approved.

You may be eligible for EB-3 Immigrant Visa under the following categories:

Skilled Workers

  • You must be able to demonstrate at least two years of job experience or training. 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.
  • A labor certification and a permanent, full-time job offer are required.

Professionals

  • You must be able to demonstrate that you possess a U.S. baccalaureate degree or foreign degree equivalent to a U.S. baccalaureate degree related to the occupation, and that this 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.
  • Combinations of degrees less than a baccalaureate degree and/or experience may not be substituted for a baccalaureate degree. The degree must be in the form of an official college or university record.
  • A labor certification and a permanent, full-time job offer are required.

Unskilled Workers (Other Workers)

  • You must be capable, at the time the petition is filed on your behalf, of performing unskilled labor (requiring less than two years training or experience), that is not of a temporary or seasonal nature, for which qualified workers are not available in the United States.
  • A labor certification and a permanent, full-time job offer are required.

Note: Petitions for certain classifications must be filed with an original individual labor certification from the U.S. Department of Labor

EB-3 Green Card application consists of the following steps:

          Step 1: PERM Labor Certification

          Step 2: I-140 Skilled Worker Petition

          Step 3: Adjustment of Status or Consular Issuance of Green Card

Please contact Premier International Law Group if you have any questions regarding this visa.