Selected Topics in Immigration Law

Skilled Workers / Professionals

EB-3 : Skilled Workers / Professionals

The third preference employment-based category is used by U.S. employers to sponsor professional workers (for positions which require, at minimum, a bachelor's degree in a specialized field) and skilled workers (for positions which require, at minimum, at least 2 years of experience). The EB-3 category requires labor certification and a job offer as a pre-requisite for filing the immigrant visa petition.
Criteria for EB-3 Professionals:
1. The position offered must normally require a bachelor's degree as the minimal requirement for entry into the profession.
2. The foreign individual must possess a bachelor degree, or foreign equivalent, in the field appropriate for the position.
3. A labor certification must be approved by the U.S. Department of Labor before the EB-3 immigrant visa petition can be submitted to the USCIS.
Criteria for EB-3 Skilled Workers:
1. The position offered must normally require at least two years of experience as the minimal requirement for entry into the occupation.
2. The foreign individual must possess at least two years of experience or training in the occupation.
3. A labor certification must be approved by the U.S. Department of Labor before the EB-3 immigrant visa petition can be submitted to the USCIS.
How may I obtain permanent resident status in the EB-3 category?

The EB-3 petition is filed at the appropriate USCIS Service Center with an approved labor certification. As long as there is a visa number available at the time of filing the petition, the individual may apply concurrently for adjustment of status with his/her spouse and children under 21 years of age. Alternatively, he may file for adjustment of status after the EB-3 petition is approved, or after approval he may chose to undergo consular processing of his immigrant visa at a U.S. consulate abroad.

As with the family-based preference categories, the number of immigrant visas in the employment preference categories are also subject to an annual numeric limitation for nationals of each country.  The filing date of the immigrant visa petition establishes the priority date for the application. However, unlike the family-based categories, the employment-based categories are normally current.  Click the Department of State Visa Bulletin for the priority dates for preference category petitions and to find the backlog for each preference category.

To request a consultation regarding a petition as a professional or skilled worker, please contact our office here.