The EB-3 visa category, as defined by U.S. immigration law, is a gateway for Skilled Workers, Professionals, and Other Worker seeking opportunities in the United States. Let’s delve into the specifics of these categories:
- Skilled Workers: This category is tailored for individuals who have honed their skills through a minimum of 2 years of training or work experience. The job in question should be of a permanent nature, not temporary or seasonal.
- Professionals: This category is designed for individuals who have achieved academic excellence, demonstrated by a U.S. Bachelor’s degree or its foreign equivalent, and are seeking to apply their knowledge in their respective fields.
- Other Workers: This category is inclusive of individuals who are engaged in unskilled labor. The labor should require less than 2 years of training or experience and should not be of a temporary or seasonal nature.
Each category offers a unique pathway for individuals with different skills and qualifications to contribute to the U.S. economy and society. In summary, the eligibility requirements are:
|EB-3 Visa Category||Eligibility Requirements|
|Unskilled Workers (Other Workers)||
While the eligibility requirements for EB-3 visas are less stringent, it’s crucial to note that a significant backlog exists for visas in the “other workers” category. Prospective employees should refer to the Visa Bulletin to estimate the backlog duration. For those in the U.S. on nonimmigrant status like the H-1B Visa, maintaining status through annual or 3-year renewal of H-1B status is essential.
Labor Certification from the U.S. Department of Labor
EB-3 visa petitions typically require an approved, individual labor certification from the Department of Labor. In certain cases, the EB-3 visa petition may be filed with USCIS with an uncertified labor certification, provided it meets the requirements for consideration as a Schedule A, Group I occupation.
The employer or petitioner must file a Form I-140, Petition for Alien Worker. As part of the application process, the employer must demonstrate the ability to pay the offered wage from your visa priority date and throughout the duration of your petition’s pending period. The documentation required 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. The interpretation of the ability to pay is guided by years of USCIS and legacy-INS memorandums, public policy statements, and precedent immigration cases.
Family of EB-3 Visa Holders
Your spouse may accompany you to the United States. During the process of applying for permanent resident status, your spouse is eligible to file for an Employment Authorization Document (EAD). Your minor children (unmarried and under the age of 21) may also be admitted.