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Employment-based immigration: 3rd Preference (EB-3) Visas

EB-3 visas are appropriate for workers with a wide range of qualifications, from no education up through a bachelor’s degree. All EB-3 visas, regardless of the applicant’s education or experience, require an offer of employment for a Department of Labor-certified position.

EB-3 visas are divided into three categories: skilled workers, professional workers, and other workers.

  1. 1. “Skilled Workers” are applicants for jobs that require at least two years of education or work experience. The job position cannot be temporary or seasonal.
  2. 2. “Professional Workers” are applicants working in a job that requires a baccalaureate degree (or foreign equivalent). Work experience cannot be substituted for the baccalaureate degree.
  3. 3. “Other Workers” (sometimes called “unskilled workers”) are applicants employed in jobs that require less than two years of education or experience.

All EB-3 visa applications require a showing that there are no available workers in the U.S. for the position.

The eligibility requirements for EB-3 visas are less stringent than some other types of employment-based visas. However, there is a significant wait time for visas in the EB-3 category to become available.

What is the application process for an EB-3?

First, your employer must file an application for a Wage Determination from the Department of Labor. After receiving the wage determination, your employer must advertise the job position and interview any applicants. If your employer is able to establish that there are no qualified, available workers, the employer submits an application for an individual labor certification (Form ETA-9089) with the Department of Labor. This application is referred to as “PERM.” Upon approval, the employer (petitioner) files the I-140 petition for the worker (you). After the I-140 is approved and there is a visa available for the EB-3 preference category, you will be able to either obtain a visa to enter the U.S. as a permanent resident or, if you already reside in the U.S., submit an application for permanent residence.

How do my family members benefit from an EB-3 visa?

As a result of your successful EB-3 visa application, your spouse and children may be admitted to the United States as a class E34/E35 (spouse/child of a “skilled worker” or “professional”) immigrant or a class EW4/EW5 (spouse/child of an “other worker”) immigrant who is a permanent resident. If your spouse and children are already in the U.S., they will be permitted to lawfully remain in the U.S. and apply for a green card once there is a visa available for their preference category. During the process where you and your spouse are applying for permanent resident status (status as a green card holder), your spouse is eligible to file for an Employment Authorization Document (EAD).