EB-3 Skilled Workers, Professionals, and Other Workers

The Third Employment-Based Preference category includes skilled workers, professionals, and other workers. A labor certification is required for all EB-3 cases, which involves a job offer on Form ETA-9089. Upon approval, an immigrant petition on Form I-140 must be submitted with the proper filing fee and supporting documents from both the employer and beneficiary. After the I-140 petition is granted and the priority date becomes current based on the Department of State visa bulletin, the alien beneficiary can then apply for adjustment of status in the United States or an immigrant visa at the U.S. Embassy in their home country.

Professionals

According to 8 C.F.R. § 204.5(l)(3)(ii)(C), a petition for an EB-3 professional classification:

“… must be accompanied by evidence that the alien holds a United States baccalaureate degree or a foreign equivalent degree and by evidence that the alien is a member of the professions. Evidence of a baccalaureate degree shall be in the form of an official college or university record showing the date the baccalaureate degree was awarded and the area of concentration of study. To show that the alien is a member of the professions, the petitioner must submit evidence showing that the minimum of a baccalaureate degree is required for entry into the occupation.”

Skilled Workers

According to 8 C.F.R. § 204.5(l)(2), for EB-2 skilled worker classification:

“Skilled worker means an alien who is capable, at the time of petitioning for this classification, of performing skilled labor (requiring at least two years training or experience), not of a temporary or seasonal nature, for which qualified workers are not available in the United States. Relevant post-secondary education may be considered as training for the purposes of this provision.”

Other Workers

Immigration regulations define an EB-3 “other” or “unskilled worker” as one who meets the education and work experience requirements for the job, for positions requiring less than two years of training, work experience, or college education.