EB-3, SKILLED, PROFESSIONAL, OR OTHER WORKERS

What is an EB-3 Visa?

EB-3 Visas are the third preference level of employment-based immigrant visas. The required qualifications for EB-3 visas are less stringent than those for EB-1 and EB-2 visas. EB-3 applicants do not need to prove that they have earned internationally acclaimed awards, that they are in an executive position in an American company, or that they possess an advanced education.

EB-3 Visas are Divided Into Three Subgroups:

  1. Foreign Professionals with a Bachelor’s Degree

  2. Skilled Workers with at least 2 Years of Experience

  3. Unskilled Workers

Foreign Professionals with a Bachelor’s Degree

Individuals must hold a U.S. bachelor’s degree or foreign equivalent degree. In addition, the position must be one that normally requires a bachelor’s degree for the profession. This includes engineering, computer science, etc.

The required qualifications are as follows:

  1. Prospective Visa Holder must be able to provide Proof that the individual holds a U.S. bachelor’s degree or equivalent foreign degree 

  2. Prospective Visa Holder must be able to provide Proof that a bachelor’s degree is required for entry into the profession.

  3. Employer must obtain a Labor Certification, through which the U.S. Department of Labor (DOL) requires to prove that there are no qualified legal U.S.-based workers for the position in question.

Skilled Worker With at Least 2 Years of Experience

This EB-3 category is for positions that are not seasonal or temporary and require at least two years of job experience, an undergraduate degree, or a vocational training apprenticeship in a trade. While there is no specific degree requirement for EB3 skilled workers, a degree may be counted as “experience” toward meeting the basic requirements for EB3 classification for skilled workers.

The required qualifications are as follows:

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

  • Employer must obtain a Labor Certification, through which the U.S. Department of Labor (DOL) requires to prove that there are no qualified legal U.S.-based workers for the position in question.

    • Please note that if a petitioner intends for the petition to be adjudicated for an EB3 skilled worker, he or she must ensure that the labor certification does not require a baccalaureate degree or foreign equivalent degree. If it does, USCIS will adjudicate the petition for an EB3 professional rather than an EB3 skilled worker. However, if the labor certification lists a baccalaureate degree “or its equivalent,” the petition can be adjudicated for an EB3 skilled worker instead.

Unskilled Worker

This EB-3 category is for other workers with less than two years of higher education, training, or experience. In other words, these are “unskilled” workers who can perform labor for which qualified workers are not available in the United States.

The required qualifications are as follows: 

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

  • Employer must obtain a Labor Certification, through which the U.S. Department of Labor (DOL) requires to prove that there are no qualified legal U.S.-based workers for the position in question.

    • Please note that labor certification is difficult to obtain in this category. In addition, due to the long backlog (Only10,000 visas are provided per year), a petitioner could expect to wait many years before being granted a visa under this category.

Visa Process

The EB-3 Visa process is lengthy, very time consuming and requires specific knowledge and experience. If the EB-3 Visa is not the appropriate route for you, there may be other options. Consulting with an experienced EB-3 Visa Attorney at Liberty Johnson will make the EB-3 Visa Process easier and less time consuming for you. Contact Liberty Johnson for a free consultation.

Contact Us

1(800)-838-3292

111 W. OCEAN BLVD., SUITE 400 LONG BEACH, CA 90802

Stay Connected

Follow Us

  • LinkedIn - White Circle
  • Yelp - White Circle
  • Facebook - White Circle

Make a Payment