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.