What is EB-3 Classification?

An alien may qualify for EB-3 Classification if:

  • He/she has at least two years of experience as a skilled worker
  • He/she is a professional with a bachelor’s degree
  • He/she has less than two years of experience but can perform labor for which qualified workers are not available in the United States

An EB-3 Classification differs from EB-1 and EB-2 Classifications in that it is less stringent. However, as such, there is a long backlog for visas in this category.

What are the Requirements?

The requirements vary depending on the type of worker the alien is:

  • Skilled workers – Such positions are not seasonal or temporary. They require at least two years of experience or training (which can be met through post-secondary education). Whether a job is skilled or unskilled depends on the job requirements, which are stated on the Labor Certification Form (Form ETA-750, handled by the Department of Labor).
  • Professionals – Such aliens must have a U.S. bachelor’s degree (or its foreign equivalent). Education and experience are not substitutes.
  • Other workers – These positions require less than two years of training, higher education, or experience, but the petitioning alien may have to wait a long time to get a visa under this category (due to a huge backlog).

How Do I Apply for EB-3 Classification?

The prospective employer files a petition for the alien worker. The employer must fill out and file USCIS Form I-140 and bring it to the USCIS Regional Service Center in the area where the alien will work. The employer should include labor certification and the permanent, full-time job offer.

Do I Need an Experienced Immigration Law Attorney?

A lawyer would be able to determine whether or not you are eligible for EB-3 Classification. A lawyer would also be able to discuss other options with you, some which may be more favorable than EB-3.