EB-3 Eligibility and Filing
EB-3 classification includes:
- Aliens with at least two years of experience as skilled
- Professionals with a baccalaureate degree; and
- Other workers with less than two years experience, such as
an unskilled worker who can perform labor for which qualified workers are not
available in the United States.
While eligibility requirements for the EB-3 classification are less stringent
than the EB-1 and EB-2 classifications, you should be aware that a long backlog
exists for visas in the "other workers" category. The regulations for EB-3
workers are found at 8 CFR § 204.5.
Skilled worker positions are not seasonal or temporary and
require at least two years of experience or training. The training requirement
may be met through relevant post-secondary education. The Form ETA-750 (Labor
Certification) states the job requirements, which determine whether a job is
skilled or unskilled. For more information, please see the Department of Labor's
Employment and Training Administration Website.
Professionals must hold a U.S. baccalaureate degree or
foreign equivalent degree that is normally required for the profession.
Education and experience may not be substituted for the degree.
Other workers are in positions that require less than two
years of higher education, training, or experience. However, due to the long
backlog, a petitioner could expect to wait many years before being granted a
visa under this category.
Your employer must file a USCIS Form I-140 at the USCIS Regional Service
Center that serves the area where you will work. All I-140 EB-3 petitions must
include a labor certification and a permanent, full-time job offer. There
are no exceptions.
To find out more about EB-3 Visa Eligibility and Filing, please contact LL.M. Law Group
at (877) 880-0872
Please refer to the
LL.M. Law Group's
consultation procedures to begin.
Law Group will work with you to arrive at an arrangement that is
fair to all concerned.