The third employment-based immigrant visa category applies to skilled workers, professionals, and some other unskilled workers. For all EB-3 petitions, a Labor Certification and a permanent, full-time job offer are needed in order for the prospective foreign worker to qualify. The Labor Certification ensures that there were no available, qualified U.S. workers for the job.

Who Qualifies as a Skilled Worker?

A skilled worker is someone who is capable of performing skilled labor (which requires at least 2 years of job experience or training) which is not of a temporary or seasonal nature.

Who Qualifies as a Professional?

You must possess a US Baccalaureate Degree (or the foreign equivalent) and show that such a degree is the normal entry requirement into the specific occupation. In this case, other education or experience may not be substituted for the conferral of a Baccalaureate Degree.

Who Qualifies as an Other/Unskilled Worker?

You must be capable, at the time the petition is filed on your behalf, of performing unskilled labor (requiring less than 2 years of training or experience) that is not of a temporary or seasonal nature..

Family of EB-3 Skilled Workers

The spouse and children under the age of 18 of EB-3 holders are considered derivative beneficiaries. During the process where you and your spouse are applying for permanent resident status (status as a green card holder), your spouse is eligible to file for an Employment Authorization Document (EAD) to work in the US.

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