The EB-3 Employment Immigration Category includes:
- 1. Foreign nationals with at least 2 years of experience as skilled workers;
- 2. Professionals with a bachelor’s degree; and
- 3. Other workers with less than 3 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 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.
Skilled worker positions are not seasonal or temporary and require at least 2 years of experience or training. The training requirement may be met through relevant post-secondary (post high school) education. The Form ETA-9089 (Labor Certification) states the job requirements, which determine whether a job is skilled or unskilled.
Professionals must hold a U.S. bachelor’s 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 2 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 the Form I-140 Immigrant Petition at the USCIS Service Center that serves the area where you will work. All I-140 EB-3 petitions must include a Labor Certification and a permanent, full-time job offer. There are no exceptions.
For consultation with an Immigration Lawyer, please CALL US at (626) 642-8066 or Complete the our Contact Form. An attorney in our office would be happy to assist you.
The information on this website is not to be considered legal advice. Such information is intended to educate members of the public generally and is not intended to provide solutions to individual problems. Readers are cautioned not to attempt to solve individual problems on the basis of information contained herein and are strongly advised to seek advice from an experienced immigration attorney regarding specific case situations.
