The third-preference category is broader than other preference categories and has less demanding requirements. Individuals who may qualify for an EB-3 visa include professional workers, skilled workers and unskilled workers. Certain non-resident aliens who are seeking permanent residency through the third employment-based preference category will be required to meet certain guidelines.
EB-3 Visa Employment Requirement
A foreign national who desires to apply for an EB-3 visa will need a permanent, full-time job offer from a U.S. employer. The employer will need to initiate the process by obtaining an approved labor certification from the U.S. Department of Labor. This certification is to prove that the employer attempted to hire U.S. workers for the job, but was unable to locate anyone willing and/or qualified for the position. Labor certification is a requirement for all three EB-3 subcategories.
EB-3 Visa “Professional Workers” Subcategory
The term “professional” is not defined clearly in immigration law, which states that professionals include those with occupations such as lawyers, architects, engineers, teachers and physicians. U.S. Citizenship and Immigration Services (USCIS) tends to call workers possessing university degrees in their respective fields “professionals,” as well as those who hold the above occupations.
A person who does not possess a degree higher than a bachelor’s degree and has less than five years of experience in a particular field is a good fit for the professional workers category. If the person has five years of experience, he or she may qualify for an EB-2 visa instead. Satisfying the criteria for an EB-3 visa is less involved when compared to other employment-based visas.
EB-3 Visa “Skilled Workers” Subcategory
Those performing occupations that do not require degrees of higher education, but that do require at least two years of training and experience are classified as “skilled workers.” The EB-3 category can be applied to certain aspects of computer and technical work, chefs, construction first-line supervisors, stonemasons, reporters, journalists, graphic designers and fashion designers. Postsecondary training may qualify as training within this category.
The amount of experience and/or training necessary for a worker to perform a particular job is not always clear. The local state labor department office is a good source for more information on the required educational experience and training necessary for the job in question. However, evaluating the appropriate level of experience needed in order to pursue an EB-3 visa case is best done by a licensed legal professional.
EB-3 Visa “Unskilled Workers” Subcategory
Any job that does not meet the above requirements would best fit the EB-3 subcategory of “unskilled workers.” Unskilled workers hold occupations that require less than two years of training or experience. Unskilled workers may include housekeepers, garden workers, nurses’ aides, janitors, domestic workers, agricultural workers and others. In order to qualify for EB-3 status. the qualifications of the applicant must match the requirements of the position they are pursuing. As an example, if a person has received an offer for a job requiring a vocational training period of one year, he or she must complete the required program before beginning to work for the sponsoring U.S. employer.
Contact Us to Get Started
If you are interested in pursuing an EB-3 visa, contact the offices of KPPB Law today. Our immigration attorneys are highly experienced managing employment-based visa applications. We offer in-person or phone consultations to help you understand your best option before moving forward. If you are interested in learning more about your eligibility and how we can help you, call our office or request a consultation online.