EB-3 Professional, Skilled & Other Workers

EB-3 Professional, Skilled & Other Workers

The employment-based third (EB-3) preference immigrant visa category is intended for professionals, skilled workers, and other workers.

“Skilled workers” are persons whose job requires a minimum of two (2) years of training or work experience.
“Professionals” are persons whose job requires at least a U.S. bachelor’s degree or a foreign degree equivalent and are a member of the professions.
“Other workers” is a category for persons who perform unskilled labor that requires less than two (2) years of training or experience.

Basic Requirements:

Labor Certification and a permanent full-time job offer. The employer must show that that the applicant will be performing work for which qualified workers are not available in the U.S.
If the Foreign National (“FN”) is a skilled worker, the applicant must have at least two (2) years of job experience or training and perform work for which there are no qualified workers available in the U.S.
To qualify as a professional, the FN must possess a bachelor’s degree or equivalent foreign degree. In addition, a bachelor’s degree must be required for entry into the occupation.
If applying under the Unskilled Workers subcategory, the FN must be capable of performing unskilled labor, which is not of a temporary or seasonal nature.

In addition to obtaining approval of an application for Permanent Employment Certification from the Department of Labor (“DOL”), the green card process for this category involves the employer completing and filing a “Preference Petition” with U.S. Citizenship & Immigration Services (“USCIS”). Estimated processing time averages about six (6) to twelve (12) months depending on employer location, in addition to the time it takes to secure Certification from DOL (see https://icert.doleta.gov/index.cfm?event=ehGeneral.dspProcessingTimes).

If a visa number is available, the individual may proceed to the final step, which is the actual application for green card status. This application may take the form of (1) an application to adjust status, which may be filed concurrently with the preference petition mentioned above as long as an immigrant visa number is available or (2) an application for an immigrant visa, which must be filed and adjudicated (with a personal interview) by a U.S. consul outside the U.S. The choice of which path to follow is highly dependent on individual facts and circumstances.