EB-3 : Unskilled Workers

The third preference employment-based category is used by U.S. employers to sponsor unskilled workers, those for whom less than 2 years of experience is required for their jobs.  The EB-3 unskilled worker category requires labor certification and a job offer as a pre-requisite for filing the immigrant visa petition.

The EB-3 unskilled worker 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.