EB-3 General Employment Based Visas

EB-3 Employment Based Third Preference Visas for Skilled Workers, Professionals, and Other Unskilled Workers

 

An EB-3 Third Preference visa applicant must have an approve Immigrant Petition for Alien Worker, filed by the prospective employer. All such workers generally require Labor Certification Application (LCA) approved by the Department of Labor.   For more information on LCAs, please see our section here.  [LINK TO LCA]

 

There are three subgroups within this category:

  1. Skilled workers are persons whose jobs require a minimum of 2 years training or work experience that are not temporary or seasonal.
  2. Professionals are members of the professions whose jobs require at least a baccalaureate degree from a U.S. university or college or its foreign equivalent degree.
  3. Unskilled workers (Other workers) are persons capable of filling positions that require less than two years training or experience that are not temporary or seasonal.

 

EB-3 Requirements and Determination Criteria

The EB-3 classification incorporates skilled workers and professionals. In addition, EB-3 has a subcategory of other workers. Although all three of these types are assigned to the EB-3 classification, typically, those filed as EB-3 other workers are subject to an even longer wait for their priority dates to become current.

For help in assessing if an EB-3 visa or green card is the right choice for you, please call or email JCS Immigration and Visa Law Office.  Our experienced immigration attorneys can help you today!  [LINK TO CONTACT JCS]

EB-3 Eligibility Criteria

Sub-categories Evidence Certification
Skilled Workers
  • You must be able to demonstrate at least 2 years of job experience or training
  • You must be performing work for which qualified workers are not available in the United States
Labor certification and a permanent, full-time job offer required.
Professionals
  • You must be able to demonstrate that you possess a U.S. baccalaureate degree or foreign degree equivalent, and that a 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
  • Education and experience may not be substituted for a baccalaureate degree
Labor certification and a permanent, full-time job offer 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 2 years training or experience), that is not of a temporary or seasonal nature, for which qualified workers are not available in the United States. Labor certification and a permanent, full-time job offer required.

Note: While eligibility requirements for the third preference classification are less stringent, you should be aware that a long backlog exists for visas in the "other workers" category.

 

Are there any other types of occupations that qualify for an EB-3 visa?

There are several classes of workers who are treated differently and are eligible for EB-3 U.S. visas.  They are categorized into “Schedule A” and “Schedule B” occupations.   Additionally, physical therapists and registered nurses are also eligible.

  • Schedule A Occupations:  Some occupations for which there is a known shortage of U.S. workers come under Schedule A. These occupations may be classed as either skilled or unskilled. In order to apply for a Schedule A waiver, the employer must still submit a labor certification application, and must state that the occupation is listed under Schedule A and is therefore exempt from the normal labor certification requirements and process. When filing for a Schedule A/Group I or II occupation, the petitioner must include evidence of having complied with the Department of Labor regulations which require that the position(s) be properly posted for a minimum of ten consecutive days.  Labor certification is not required.

 

  • Schedule B Occupations:  Some occupations (both skilled and semi-skilled) already have over supply of labor in the United States. Getting labor certification is extremely difficult under this category unless your employer can strongly prove that you are much better than others because of your unique abilities, foreign language skills, business connections etc.

 

  • Physical Therapists and Professional Registered Nurses:  Nurses must be licensed to practice nursing in the state in which they reside or plan to reside and be graduates of an accredited nursing school in the United States or Canada (or have passed their CGFNS; Commission on Graduates of Foreign Nursing Schools examinations). Physical therapists do not need to be licensed, but must meet the qualifications for a license from the state. Labor certification is not required.

Do I need to submit an Application for Labor Certification to the U.S. Department of Labor?

EB-3 third preference petitions must generally be accompanied by an approved, individual labor certification from the Department of Labor.   In some cases, the petition may be submitted to U.S. Citizenship and Immigration Service (USCIS) with an uncertified Foreign Labor Certification for consideration as Schedule A, Group I.

At JCS Immigration and Visa Law Office, we focus exclusively on U.S. immigration law and are at the forefront of immigration law reforms.  For a free consultation with one of our experienced immigration attorneys, please call or email us today! [LINK TO CONTACT JCS]

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