The third employment-based immigrant visa category is for aliens with at least two years of experience as skilled workers; professionals with a baccalaureate degree; and other workers with less than two years experience, such as an unskilled worker who can perform labor for which qualified workers are not available in the United States. Skilled workers, professionals holding baccalaureate degrees and other workers receive 28.6 percent of the yearly worldwide limit, plus any unused Employment First and Second Preference visas. While eligibility requirements for the EB-3 classification are less stringent than the EB-1 and EB-2 classifications, you should be aware that a long backlog exists for visas in the "other workers" category.
How We Serve Our Clients
Our dynamic and knowledgeable attorneys will consult with you to determine that the nature of the offered position and the foreign candidate's education and professional experience qualify them under this immigrant visa category. Our attorneys work closely with both the employer and beneficiary to ensure that the required documents are rendered and all legal issues addressed. We relieve human resources personnel of the burdensome paperwork requirements by preparing all required forms and supporting documents for submission to the appropriate government departments and agencies. When required, we also prepare and file applications for dependent family members to ensure a smooth transition to the United States for the beneficiary and dependent family members. Our staff is easily accessible by both the employer and foreign beneficiary to answer questions as they arise.
Qualifications For EB-3 Immigrant Visa
Skilled Workers
Skilled worker positions are not seasonal or temporary and require at least two years of experience or training. The training requirement may be met through relevant post-secondary education. The Form ETA-9089 (Permanent Labor Certification) states the job requirements, which determine whether a job is skilled or unskilled.
Professionals
Professionals must hold a U.S. baccalaureate degree or foreign equivalent degree that is normally required for the profession. Education and experience may not be substituted for the degree.
Other Workers
Other workers are in positions that require less than two years of higher education, training, or experience. However, due to the long backlog, a petitioner could expect to wait many years before being granted a visa under this category.
USCIS Petition
Your employer must file a USCIS Form I-140 at the USCIS Regional Service Center that serves the area where you will work. All I-140 EB-3 petitions must include a permanent labor certification certified by the Department of Labor (DOL) and a permanent, full-time job offer. There are no exceptions.
Visa Ineligibility & Waiver
The immigration laws of the United States, in order to protect the health, welfare, and security of the U.S., prohibit the issuance of a visa to certain applicants. Examples of applicants who must be refused visas are those who: have a communicable disease, or have a dangerous physical or mental disorder; have committed serious criminal acts; are terrorists, subversives, members of a totalitarian party, or former Nazi war criminals; have used illegal means to enter the U.S.; or are ineligible for citizenship. Some former exchange visitors must live abroad for two years. Physicians who intend to practice medicine must pass a qualifying exam before receiving immigrant visas. If found to be ineligible, the consular officer will advise the applicant of any waivers.
