Green Card Procedure in Employment Basis
- Employment-Based Immigration: Third Preference EB-3
Employment-Based Immigration: Third Preference EB-3
You may be eligible for this immigrant visa preference category, if you are a skilled worker, professional, or other worker.
- “Skilled employees” are people who work in positions that need at least two years of training or experience and are not temporary or seasonal. The skilled worker must meet the employment opportunity’s educational, training, or experience requirements. Training can include relevant post-secondary education.
- “Professionals” are persons who are members of the professions and have a job that needs at least a baccalaureate degree from the United States or a foreign equivalent.
- The “other workers” subcategory is for people who do unskilled labor that doesn’t require more than two years of practice, education, or experience and isn’t temporary or seasonal.
Eligibility Criteria
Sub-Categories | Description | Evidence |
---|---|---|
Skilled Workers |
| Labor certification is essential, as well as a permanent, full-time work offer. |
Professionals |
| Labor certification is essential, as well as a permanent, full-time work offer |
Unskilled Workers (Other workers) |
| Labor certification is essential, as well as a permanent, full-time work offer. |
U.S. Department of Labor – Labor Certification
In most cases, third preference applications must be accompanied by an approved, individual labor certification on Form ETA-9089 from the Department of Labor. The petition may be filed to the United States Citizenship and Immigration Service (USCIS) with an uncertified ETA-9089 for consideration as Schedule A, Group I in some circumstances.
Application Process
A Form I-140, Immigrant Petition for Alien Workers, must be filed by your employer (petitioner). Your employer must be able to demonstrate a continued ability to pay the promised salary as of the priority date as part of the application process. To establish a continued ability to pay your salary, your company may utilize an annual report, federal income tax return, or audited financial statement.
Family of EB-3 Visa Holders
Your spouse and unmarried children under the age of 21 may be able to apply for admission to the United States under the E34 (spouse of a “skilled worker” or “professional”) or EW4 (spouse of a “other worker”) categories if your I-140 petition is accepted.
*E35 (child of a “professional” or “skilled worker”) and EW5 (child of an “other worker”).