EB-3 Visa Overview
EB-3 Categories
- Professionals: Individuals with a U.S. bachelor’s degree or its foreign equivalent who do not qualify under EB-1 or EB-2 categories.
- Skilled Workers: Individuals with at least two years of experience or training, either through hands-on work or post-secondary education.
- Unskilled Workers: Individuals capable of performing work that requires less than two years of training or experience, in fields where there is a shortage of U.S. workers.
Steps to Apply
Employer Petition
Your employer must file Form I-140, Petition for Alien Worker, with the USCIS Regional Service Center that has jurisdiction over your employment location.
Labor Certification
An approved Labor Certification (Form ETA-750) from the Department of Labor (DOL) is required before filing Form I-140. This verifies no qualified U.S. workers are available for the position and ensures the hiring of a foreign national will not negatively impact U.S. workers’ wages or working conditions.
Labor Certification Process
Application for Permanent Employment Certification
The employer must file Form ETA-9089 with the DOL’s Employment and Training Administration, detailing the job, employer, and employee qualifications.
Job Recruitment
The employer must conduct recruitment efforts to test the U.S. labor market and prove no qualified U.S. workers are available. This may include job advertisements and other recruitment activities.
Labor Certification Approval
If the DOL approves the Labor Certification, the employer can proceed with filing Form I-140.
Documents Required
For Skilled Workers
- Proof of at least two years of relevant work experience or post-secondary education.
- Evidence of skills or training required for the job.
For Professionals
- A U.S. bachelor’s degree or a foreign equivalent degree.
For Unskilled Workers
- Proof of the ability to perform work that requires less than two years of training or experience.
National Interest Waiver for Labor Certification
In certain cases, if you can demonstrate that your entry into the U.S. is in the national interest, you might be eligible to bypass the Labor Certification process. This involves a detailed petition showing how the employment or work will significantly benefit the U.S.
Key Points
- Labor Certification (PERM): A critical and often lengthy step in the EB-3 process requiring thorough documentation and recruitment efforts.
- Form I-140: Filed after Labor Certification approval to petition for the foreign national’s immigrant visa.
- Adjustment of Status: If the applicant is already in the U.S., they can apply to adjust status to a permanent resident concurrently with the I-140 petition.