EB-3 employment based greencard processing is available for skilled workers, professionals, and unskilled workers (other workers). Employment sponsorship through a full time, permanent job offer is required. A PERM labor certification is generally required, unless specifically noted below in a given category.
While eligibility requirements for an EB-3 are less stringent than the EB-1 and EB-2 classifications, long backlogs exist for visas in the EB-3 category.
Premium processing is available.
Employment based category 3 is further divided into several categories.
Skilled Workers
Positions that are not seasonal or temporary and require at least two years of job experience, an undergraduate degree, vocational training apprenticeship in a trade. The training requirement may be met through relevant post-secondary education. Job requirements stated in the PERM labor certification form determine whether a job is skilled or unskilled. For more information, please see the Department of Labor’s Employment and Training Administration.
Documents Needed for a Petition
- A labor certification.
- Evidence that the alien meets the educational, training, or experience requirements and any other requirements of the labor certification.
Professional Workers
Professionals must hold a U.S. bachelor’s degree or the foreign equivalent that is normally required for the profession (such as engineering, computer science, etc.) or workers with a bachelor’s degree in a profession (for example, equivalent job experience as determined by a professional association). This category is for aliens who do not qualify for the EB-2 category (master’s degree or the equivalent which is a bachelor’s degree + five years of progressive experience). Having a bachelor’s degree is not enough, the job also must require a bachelor’s degree. Qualifying jobs for this category are similar to the specialty occupation for the H-1B category.
Education and experience may not be substituted for the degree.
Documents Needed for a Petition
- A labor certification.
- Evidence that the alien holds a U.S. bachelor’s degree or an equivalent foreign degree; and
- Evidence that a bachelor’s degree is required for entry into the occupation.
Other (Unskilled) Workers
Others workers are people who can perform labor for which qualified workers are not available in the United States; unskilled workers have less than two years of higher education, training, or experience. The job must require that training or experience. In this category, a labor certification is difficult to get. However, due to the long backlog, (10,000 visas per year limit) a petitioner should expect to wait many years before being granted a visa under this category.
Documents Needed for a Petition
- A labor certification.
- Evidence that the beneficiary meets any education, training, or experience requirements required in the labor certification.
Special Classes
In addition to the categories described above, there are several classes of workers who are treated differently:
- Schedule A Waivers: Some occupations, both skilled and unskilled, for which there is a known shortage of U.S. workers come under Schedule A. In order to apply for a Schedule A waiver, the employer must submit a labor certification form describing that the occupation is listed under Schedule A and hence it is exempt from the normal labor certification process.
When filing for a Schedule A/Group I or II occupation, the petitioner must include evidence of having complied with the Department of Labor regulations which require that the position(s) be properly posted for a minimum of ten consecutive days.
A labor certification is not required. - Schedule B Occupations: Some occupations (both skilled and semi-skilled) already have an oversupply of labor in the United States. Getting a labor certification is extremely difficult under this category unless your employer can strongly prove that you are much better than others because of your unique abilities, foreign language skills, business connections, etc.
- Physical Therapists and Professional Registered Nurses: Nurses must be licensed to practice nursing in the state in which they reside or plan to reside and be graduates of an accredited nursing school in the United States or Canada (or have passed their Commission on Graduates of Foreign Nursing Schools examinations (CGFNS)). Physical therapists do not need to be licensed, but they must meet the qualifications for a license from the state.
A labor certification is not required.
EB-3 Greencard Procedure
- Employer sponsorship through a permanent, full time job offer is required.
- The employer needs to file a Labor Certification (except occupations under Schedule A).
- Once a labor certification is approved, the employer needs to file a Form I-140 Petition for Immigrant Worker.
- When the priority date is current, either file for an Adjustment of Status in the US or go through Consular Processing abroad.
