EB3 IMMIGRANT VISA FOR SKILLED AND PROFESSIONAL WORKERS

EB3 CLASSIFICATION INCLUDES:

1. Aliens with at least two years of experience as skilled workers;

2. Professionals with a baccalaureate degree; and

3. 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.

While eligibility requirements for the EB3 classification are less stringent than the EB1 and EB2 classifications, you should be aware that a long backlog exists for visas in the "other workers" category.

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 (labor certification) states the job requirements, which determine whether a job is skilled or unskilled.

Professionals must hold a US 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 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.

APPLICATION PROCEDURES

Your employer must file a USCIS Form I-140 petition at the USCIS Service Center that serves the area where you will work. All I-140 EB3 petitions must include a labor certification and a permanent, full-time job offer. There are no exceptions.

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