EB-3 Visa Program
The Third Preference (E3) category of employment-based immigration in the United States is reserved for skilled workers, professionals, and unskilled workers (other workers). These EB-3 visa applicants receive 28.6 percent of the annual worldwide limit of employment-based immigrant visas, in addition to any unused visas from the Employment First Preference and Second Preference category allotments. If you are seeking legal permanent residence in the U.S. then the EB-3 visa program might be the preferred route if you fit into one of those categories.
EB-3 Visa Application Process
In order to apply for an EB-3 visa, you must have a prospective U.S. employer file an approved Immigrant Petition for Alien Worker (Form I-140) with the United States Citizenship and Immigration Services. As part of the application process, your prospective employer needs to provide evidence (i.e. an annual report, federal income tax return, or audited financial statement) that it can pay your wages as of the visa priority date of your petition. Form I-140 petitions generally also require an approved labor certification from the Department of Labor.
What About the Family of EB-3 Visa Holders?
There are two ways a spouse can be admitted to the United States with a potential EB-3 immigrant: (1) in E34, which is the spouse of a skilled worker or professional or (2) in EW4, which is the spouse of an other worker. Eventually, when you and your spouse are applying for a green card (permanent resident status), your spouse will be eligible to file for an Employment Authorization Document.
If any of your children are under the age of 21, they may be admitted as either (1) in E35, which is the child of a Skilled Worker or Professional or (2) in EW5, which is the child of an Other Worker.
Who Qualifies for an EB-3 Visa?
There are three subgroups within the EB-3 Visa Program:
- Skilled Workers: Minimum of 2 years training or work experience.
- Professionals: Members of professions requiring at least a college degree.
- Unskilled Workers (Other Workers): capable of filling positions that require unskilled labor.
Remember that a labor certification from the Department of Labor and a permanent, full-time job offer are both required for applicants of the EB-3 visa program.
Requirements for “Skilled Workers”
- At least 2 years of job experience or training with evidence.
- The work cannot be temporary or seasonal.
- Must be performing work for which qualified workers are not available in the U.S.
Requirements for “Professionals”
- Must demonstrate a U.S. bachelor’s degree or foreign degree equivalent.
- A bachelor’s degree must be the normal requirement for entry into the occupation.
- Must be performing work for which qualified workers are not available in the U.S.
- Education and experience may not be substituted for a bachelor’s degree.
Qualifying Unskilled Workers (Other Workers)
- Must be capable of performing unskilled labor (requiring less than 2 years training or experience)
- Work cannot be of a temporary or seasonal nature
- Qualified workers are not currently available to the fill the role in the U.S.
- Note: Since eligibility requirements for the Unskilled (Other) Workers classification are less stringent, there is a long backlog for visas in this category.
