Skilled Workers (EB-3)

Professional, Skilled Workers and Other workers comprise the third preference category of employment-based immigration visas, and are allocated 26.8{877c034753eacee7259c3c97ae2e02ad1f8f94c95ed6455a0455c04073043e02} of these visas annually.

Definitions

The sub-categories are defined as follows:

Professionals: Persons who hold a bachelor’s degree and who are members of the professions, which include, but are not limited to, architects, engineers, lawyers, physicians, surgeons, and teachers at all levels.

Skilled Workers: Persons who are performing skilled labor, not of a temporary or seasonal nature, requiring at least two years of training or experience.

Other workers: Persons capable of unskilled labor not of a temporary nature (limited to 10,000 visas per year).

Labor Certification

Third preference visas require a sponsoring employer to secure Labor Certification with respect to the position the foreign individual will fill. Alternatively, the employer may demonstrate that the position is a Schedule A listed occupation.

Evidence Supporting Classification

Professionals

  • Evidence that the persons holds a bachelor’s degree issued by a U.S. university or an equivalent degree issued by a foreign institution, with any necessary credentials evaluation to establish equivalence; and
  • Evidence a bachelor’s degree is required for entry into the occupation; and
  • Evidence that the individual meets any educational, training and experience, and other requirements of the labor certification or Schedule A listed occupation.

Skilled Workers

  • Evidence that the individual meets the educational, training or experience, and any other requirements of the individual labor certification, or Schedule A listed occupation.
  • Letters from employers and trainers demonstrating a minimum of at least two years of training or experience in the field in which the individual will work.

Other Workers

  • Evidence that the individual meets any educational, training and experience, and other requirements of the labor certification.

Process

Where an employer petitions for admission of a third preference immigrant, unless the employer demonstrates that the position is in a Schedule A listed occupation, the process starts with the filing of a Labor Certification application with the Department of Labor. Upon grant by the Department of Labor, the employer may file a Form I-140 petition for employment-based immigration status and other necessary documents with USCIS.

If the position is in a Schedule A listed occupation, the employer files a Form I-140 immigrant petition along with a DOL form describing the worker’s qualifications and background, as well as other documentation supporting the request.

Once a visa becomes available, if the individual is physically within the U.S., he may be eligible for adjustment of status processing. If not, or if not already admitted to the U.S. under a different status, consular processing will be necessary.

Dependents

Spouse and minor children may accompany the principal and receive permanent resident status.