EB-3 Eligibility and Filing
EB-3 classification includes:
- Aliens with at least two years of experience
as skilled workers;
- Professionals with a baccalaureate
degree; and
- Other workers with less than two years
experience, such as an unskilled worker who can perform labor
for which qualified workers are not available in the United States.
While eligibility requirements for the
EB-3 classification are less stringent than the EB-1 and EB-2
classifications, you should be aware that a long backlog exists
for visas in the "other workers" category. The regulations
for EB-3 workers are found at 8
CFR § 204.5.
Skilled worker positions are not seasonal or temporary
and require at least two years of experience or training. The
training requirement may be met through relevant post-secondary
education. The Form ETA-750 (Labor Certification) states the job
requirements, which determine whether a job is skilled or unskilled.
For more information, please see the Department
of Labor's Employment and Training Administration Website.
Professionals must hold a U.S. baccalaureate degree or
foreign equivalent degree that is normally required for the profession.
Education and experience may not be substituted for the degree.
Other workers are in positions that require less than two
years of higher education, training, or experience. However, due
to the long backlog, a petitioner could expect to wait many years
before being granted a visa under this category. See How Do I Get an Immigrant Visa Number? for more information.
Application Procedures
Your employer must file a USCIS Form I-140 at the USCIS Regional
Service Center that serves the area where you will work. All I-140
EB-3 petitions must include a labor certification and a permanent,
full-time job offer. There are no exceptions. Additional
guidance relating to Department of Labor requirements is found
at the Department
of Labor's Employment and Training Administration Website.
Forms are available by calling 1-800-870-3676, or by submitting a request
through our forms by mail system. For further information on filing fees, please see USCIS filing fees, fee waiver request procedures, and the USCIS fee waiver policy memo. Please click here for more information on USCIS offices.
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