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EB-3 (Skilled, Unskilled & professional workers)

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Green Card Procedure in Employment Basis

Consultation
1
Apply for job offer
2
Get Job Offer
3
LC-9089 Filing
4
I- 140 Petition
5
DS- 260 Filling
6
Landing Immigration to USA
7
Start Working In USA
8
Succeed
9

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-CategoriesDescriptionEvidence
Skilled Workers
  • You must be able to show that you have at least 2 years of job experience, education, or training that matches the labor certification’s job requirements.
  • Training can include relevant post-secondary education.
  • You must be doing job for which there are no competent workers in the United States.
Labor certification is essential, as well as a permanent, full-time work offer.
Professionals
  • You must show that you have a baccalaureate degree from the United States or a foreign equivalent, and that a baccalaureate degree is the standard entry requirement for the occupation.
  • You must be doing job for which there are no competent workers in the United States.
  • A baccalaureate degree cannot be replaced by education or experience.
  • Any other standards mentioned on the labor certification must be met.
Labor certification is essential, as well as a permanent, full-time work offer
Unskilled Workers (Other workers)
  • You must be able to undertake unskilled labor that is not periodic or seasonal (and requires less than 2 years of training or experience).
  • You must be doing job for which there are no competent workers in the United States.
  • Any other standards mentioned on the labor certification must be met.
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”).