EB-3 Visas For Professionals And Skilled And Unskilled Workers
Professionals, skilled workers, and unskilled/other workers are part of the third preference employment-based immigrant visa category (EB-3), which is a path to residency in the United States.
Since 2003, our immigration attorneys at Wilson Law Group have been helping companies in the Twin Cities and throughout the country as well as foreign nationals abroad with securing appropriate employment visas, including the various categories for EB-3.
A job offer and PERM labor certification are required for the EB-3 visa. Learn more about this and the requirements for these worker visas below.
An EB-3 Professional
Professionals refer to individuals who possess a bachelor’s degree or foreign equivalent that is required for the position and are members of the professions.
A credential evaluation can be obtained to determine if a foreign degree is equivalent to a U.S. degree. However, a degree equivalency for an EB-3 professional (as opposed to EB-3 skilled worker) can only be based on an evaluation of education. It cannot be based on a combination of education and experience or upon years of experience alone.
If your company is interested in employing a prospective foreign employee, our immigration attorneys can help you identify the appropriate visa categories for your applicant.
An EB-3 Skilled Worker
Skilled workers refer to individuals whose position requires at least two years of training or work experience, which is not of a temporary/seasonal nature. The skilled worker must be performing work for which there are no qualified U.S. workers available. Certain post-secondary experience can be considered as training under this category.
Unskilled Or Other Workers
Unskilled workers refer to individuals performing unskilled labor that requires less than two years training or work experience that is not of a temporary or seasonal nature. Similar to the other EB-2 classifications, the unskilled/other worker subcategory requires a job offer and PERM labor certification by the U.S. Department of Labor (DOL), unless the occupation falls under a “Schedule A” occupation which means there is a shortage of workers in the occupation. A national interest waiver is not available for the EB-3 category.
Required Certification And Job Offer For EB-3
A PERM labor certification is required for this category. An approved PERM labor certification, however, does not mean that the foreign national has a green card. Rather, it is the first step in the employment-based permanent residency process. A Labor Certification merely authorizes a foreign national to apply for benefits based on a job offer.
Once the U.S. Department of Labor (DOL) approves the labor certification, an I-140 immigrant petition must be filed with the U.S. Department of Homeland Security to qualify the foreign national under the EB-3 category. Once approved, the foreign national must wait until an immigrant visa number is available (i.e., the priority date is current) or, if current, to proceed with an application for permanent residency.
A priority date is the tracking date the U.S. Department of State uses to limit the number of immigrant visas annually.
We Offer Free Consultations
At Wilson Law Group, we understand that the requirements, obligations and benefits for the different employment visas can be confusing. If you are a U.S.-based employer, we can help you secure visas for your prospective foreign employees. If you are a skilled foreign national looking to immigrate to the United States, we can assist you with finding the appropriate visa category.
To schedule a consultation for an evaluation of whether the professional, skilled or unskilled worker process is right for you or your business, call us at 612-430-8022 or send us an email through our website.
