The third-preference category contains less demanding requirement and is much broader compared to other preference categories. Qualifiers for an EB-3 visa include; professional workers, skilled workers and unskilled workers. Non-resident aliens who seek permanent residency through the third employment-based preference category are required to meet certain guidelines.
EB-3 Visa Employment Requirement
Foreign nationals who desire to apply for an EB-3 visa are required to have a permanent full time job offer from an U.S. employer. The process must be initiated by the employer by obtaining an approved certification of labor from the U.S. Department of Labor.
This certification provides evidence that the employer has attempted to hire U.S. workers, but was unsuccessful in finding a qualified employee willing to obtain the position. All three EB-3 subcategories require labor certification.
EB-3 Visa “Professional Workers” Subcategory
The term “professional” is unclear in its definition in immigration law, stating that occupations such as lawyers, architects, engineers, teachers and physicians are considered professionals. Workers who possess university degrees in their respective fields are considered professionals by U.S. Citizenship and Immigration Services (USCIS). Applicants who do not possess a degree higher than a bachelor’s degree and obtains less than five years of experience in a particular field would be considered as a good fit for the professional workers category. Applicants with five years of experience may qualify for an EB-2 visa instead. Compared to other employment based visas, satisfying the criteria for an EB-3 visa is less involved.
EB-3 Visa “Skilled Workers” Subcategory
Workers with occupations which require at least two years of training and experience, but do not require degrees of higher education are classified as “skilled workers.” Certain aspects of computer and technical work, chefs, construction first-line supervisors, stonemasons, reporters, journalists, graphic designers and fashion designers can be applied to the EB-3 category.
Experience and/or training volume for workers to perform a particular is not always clear. A good source for information on the required educational experience and training obligatory for the considered job is the local state labor department office. A licensed legal professional can best evaluate the appropriate levels of experience needed to pursue an EB-3 visa case.
EB-3 Visa “Unskilled Workers” Subcategory
Jobs which do not meet the above requirements would best fit the EB-3 subcategory of “unskilled workers.” Occupations held by unskilled workers require less than two years of training or experience. Unskilled workers may include, but not limited to, housekeepers, garden workers, nurses’ aides, janitors, domestic workers and agricultural workers. Qualifications of the applicant must match the requirements of the position being pursued in order to qualify for EB-3 status. For example, a person who has received a job offering which requires a vocational training period of one year, must complete the required program before beginning to work for the sponsoring U.S. employer.
Contact Us to Get Started
Contact the offices of Johnson & Masumi today if you are interested in pursuing an EB-3 visa. Our immigration attorneys are highly experienced in managing employment-based visa applications.
For your convenience we offer in-person or phone consultations aimed to assist you in understanding your best option before moving forward. Request a consultation online or call our office to learn more about your eligibility and how we can help you today.