EB-3

Third Preference – Employment Based Immigration. If you meet one of these three categories, you may qualify for this visa:

1. Skilled Workers.
2. Professionals Holding Baccalaureate Degree.
3. Unskilled Workers (other workers).

3.a. – Skilled Workers

A skilled worker is someone who capable of performing a job requiring at least two (2) years of training or experience.

USCIS Evidence for Skilled Workers:

1. You must be able to demonstrate at least 2 years of job experience or training;
2.  You must be performing work for which qualified workers are not available in the United States.

Certification

Labor certification and a permanent, full-time job offer required.

3.b. – Professionals

A professional is someone whose job requires at least a baccalaureate degree or a foreign equivalent and are members of the respective profession.

USCIS Evidence for Professionals:

1. 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.
2. You must be performing work for which qualified workers are not available in the United States.
3. Education and experience may not be substituted for a baccalaureate degree.

Certification

Labor certification and a permanent, full-time job offer required.

3.c. – Unskilled Workers (Other Workers)

Unskilled and Other Workers is someone who performs unskilled labor requiring less than two (2) years training or experience, not of a temporary or seasonal nature.

USCIS Evidence:

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.

Certification

Labor certification and a permanent, full-time job offer required.

Related Forms

Your employer (petitioner) must file a Form I-140, Petition for Alien Worker. As part of the application process, your employer must be able to demonstrate an ability to pay the offered wage as of your visa priority date. Your employer may use an annual report, federal income tax return, or audited financial statement to demonstrate an ability to pay your wage.

Family of EB-3 Visa Holders

“USCIS states that your spouse may be admitted to the United States in E34 (spouse of a ‘skilled worker’ or ‘professional’) or EW4 (spouse of an ‘other worker’).

During the time that you and your spouse are applying for permanent resident status (status as a green card holder), your spouse is eligible to file for an Employment Authorization Document (EAD). Your minor children (under the age of 18) may be admitted as E35 (child of a “skilled worker” or “professional”) or EW5 child (child of an “other worker).”