You may be eligible for an EB-3 visa category if you are a Skilled Worker, Professional, or Other Worker, which is defined under the law as one of the following:

• “Skilled Workers” are persons whose job requires a minimum of 2 years training or work experience, not of a temporary or seasonal nature.
• “Professionals” are persons whose job requires at least a U.S. Bachelor’s degree or a foreign equivalent.
• The “Other Workers” category is for persons performing unskilled labor requiring less than 2 years training or experience, not of a temporary or seasonal nature.

In summary, the eligibility requirements are:

It is important to note that while eligibility requirements for EB-3 visas are less stringent, it is important to disclose that a long backlog exists for visas in the “other workers” category.  Each potential employee should consider the Visa Bulletin to estimate how many years a category may be backlogged. Hence, for those in the U.S. in nonimmigrant status like the H-1B, it will be important to maintain status such as through the annual or 3-year renewal of H-1B status.

U.S. Department of Labor – Labor Certification

EB-3 visa petitions must generally be accompanied by an approved, individual labor certification from the Department of Labor. In some cases, the EB-3 visa petition may be filed with USCIS with an uncertified labor certification based on meeting the requirements for consideration as Schedule A, Group I occupation.

Application Process

Your employer or the petitioner must file a Form I-140, Petition for Alien Worker.  As part of the application process, your employer must be able to demonstrate the ability to pay the offered wage as of your visa priority date and continuing for the duration of time that your petition is pending.  Documentation needed to prove the ability to pay can be complex, but generally an employer may use an annual report, federal income tax return, or audited financial statement to demonstrate an ability to pay your wage.  Ability to pay is interpreted by years of USCIS and legacy-INS memorandums, public policy statements, as well as precedent immigration cases.

Family of EB-3 Visa Holders

Your spouse may be admitted to the United States along with you. During the process where you and your spouse are applying for permanent resident status, your spouse is eligible to file for an Employment Authorization Document (EAD).  Your minor children (under the age of 18) may be admitted as well.