EB-3 Professional, Skilled And Other Workers

Employment-Based, Third Preference (EB-3) Visa

What is the EB-3 visa?
The EB-3 visa is an immigrant visa that permits entry to the United States for skilled workers, professionals, or certain types of other/unskilled workers.

What are the requirements for an EB-3 visa?

  • If you are applying as a skilled worker, your job must require at least two years of training or work experience that is not temporary or seasonal. There must be no available U.S. workers for the job; you’ll need labor certification; and you will need a permanent full-time job offer.
  • If you are applying as a professional, you must show that you have earned a U.S. bachelor’s degree or a foreign equivalent and that a bachelor’s degree is normally required for the job. There must be no available U.S. workers for the job; you’ll need labor certification; and you’ll need a permanent, full-time job offer.
  • If you are applying as an other/unskilled worker, 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). There must be no available U.S. workers for the job, and you’ll need labor certification and a permanent, full-time job offer.

What strategic considerations should I keep in mind?

  • For applicants in the “professionals” category, education and experience may not be substituted for a baccalaureate degree.
  • Although the requirements for a visa in the “other/unskilled workers” category are less strict than for the other categories, there is a long backlog.
  • As part of the application process, your employer must demonstrate an ability to pay the offered wage as of your visa priority date. This can be shown with an annual report, federal income tax return, or audited financial statement.
  • Your spouse may be admitted to the U.S. in the E34 (spouse of a “skilled worker” or “professional”) or EW4 (spouse of an “other worker”) categories.
  • While you and your spouse are applying for permanent resident status (status as a green card holder), your spouse may file for an Employment Authorization Document (EAD).
  • Your children under age 21 may be admitted in the E35 (child of a “skilled worker” or “professional”) or EW5 (child of an “other worker”) categories.

The employment-based, third preference visa is for skilled workers, professionals, or other workers.

How do I qualify for this visa?

  • Professionals with bachelor’s or equivalent degrees.
  • Skilled workers with at least two years experience or training.
  • Unskilled workers performing unskilled labor requiring less than two years training or experience, not of a temporary or seasonal nature.

Here, employers are required to have a successful application for labor certification before filing the immigrant petition on behalf of the foreign worker. Filing of the application for labor certification or the immigrant petition (in the case of those who are exempt from labor certification) sets the priority date which determines the order in which visas are issued. The priority date must be current before the EB-3 applicant can proceed to file the application for adjustment of status.