EB-3: Skilled Workers, Professionals and Other Workers

The EB-3 category is for professionals, skilled workers, and unskilled workers.  You may qualify as a skilled worker if you hold a position requiring a minimum of two years training or work experience.  As a professional, your position must require a baccalaureate degree or the equivalent.  The other workers category is for foreign nationals holding positions requiring less than two years training. The EB-3 category, like the EB-2,  requires an approved Labor Certification, except in “Schedule A”: Shortage Occupation cases. Nurses and Physical therapists have been pre-certified by the U.S. Department of Labor as shortage occupations, and so a Labor Certification is not required.

The EB-3 category typically has the longest backlogs. Thus, EB-3 immigrants are usually waiting the longest amount of time, sometimes several years, before an immigrant visa becomes available.  Fortunately, some foreign employees are permitted to work for their employers in temporary visa categories while waiting for an immigrant visa to become available.

Applications under this and the other employment-based categories must be very detailed and all criteria must be extensively documented. As a result, it is not recommended that you or your employer pursue an employment-based application without the close assistance of an attorney.