The EB-3 visa program is an immigrant visa established to allow employers to leverage the specialized skills and experience of foreign nationals, providing them with long-term employment opportunities in the United States.
Education, specialized skills, and relevant experience are evaluated to determine applicants’ eligibility for the EB-3 program. Currently, there are three categories grouped under the EB-3 program. The following options are determined based on merit and ability, as demonstrated by meeting qualification and experience requirements.
In this category, skilled workers are defined as individuals whose work requires at least two years of training or experience, as indicated in their labor certification. The work must not be temporary or seasonal. The education, training, or experience must be appropriate to the job requirements. Relevant postsecondary education may be considered training. The work performed must not displace skilled workers in the U.S. from accepting job offers. Finally, prospective applicants must obtain labor certification and a permanent, full-time job offer before applying for an EB-3 visa.
Candidates in this category must have a U.S. bachelor’s degree (B.A.) or equivalent in a related field. A B.A. must also be the standard entry requirement for the occupation. Education and experience cannot substitute for a B.A. degree. For professional candidates, the degree alone is not sufficient—the position you are seeking must also require a bachelor’s degree. Again, eligibility for this category is determined by evidence that you are performing work for which there is no skilled labor available in the United States. Labor certification and a permanent, full-time job offer prior to applying for an EB-3 visa are also required if you are applying as a skilled worker under the EB-3 program.
Workers in this category must demonstrate the ability to perform unskilled labor (requiring less than two years of training or experience) that is not temporary or seasonal. The work performed must not compete with skilled labor available in the United States. The requirements set forth in the labor certification must be met if a permanent, full-time position is offered.
The EB-3 visa category is an employment-based immigrant visa option for “skilled workers, professionals, or other (unskilled) workers” who have a U.S. employer willing to sponsor them.
A skilled worker is someone capable of performing labor requiring at least two years of training or experience, not temporary or seasonal, and must meet any educational or training requirements for the job.
A professional is someone who holds at least a U.S. bachelor’s degree (or foreign equivalent) and is a member of the professions; the job must normally require that degree.
An “other worker” (or unskilled worker) is an individual capable of performing unskilled labor requiring less than two years of training or experience, not of a temporary or seasonal nature.
The U.S. employer must generally obtain an approved permanent labor certification from the U.S. Department of Labor (DOL) or in certain occupations file under Schedule A, and then file Form I-140 (Immigrant Petition for Alien Worker) with the U.S. Citizenship and Immigration Services (USCIS).
Yes. If the I-140 petition is approved, the principal applicant’s spouse and unmarried children under the age of 21 are eligible to apply for permanent residence along with or after the principal.
Yes. EB-3 is subject to a numerical visa cap (part of employment-based preference categories) and beneficiaries must wait for their priority date to become current before receiving a visa or applying for adjustment of status.
