EB3 Third Preference

The foreigner may be eligible for EB3 immigrant visa preference category if his is a skilled worker, professional, or other worker.

SKILLED WORKERS are persons whose job requires a minimum of 2 years training or work experience, not of a temporary or seasonal nature. The foreigner must be able to demonstrate at least 2 years of job experience or training. He must be performing work for which qualified workers are not available in the United States.

PROFESSIONALS are persons whose job requires at least a U.S. baccalaureate degree or a foreign equivalent and the foreigner is a member of the professions.

The foreigner must be able to demonstrate that he possesses a U.S. baccalaureate degree or foreign degree equivalent, and that a baccalaureate degree is the normal requirement for entry into the occupation. He must be performing work for which qualified workers are not available in the United States. Education and experience may not be substituted for a baccalaureate degree.

UNSKILLED WORKERS. The “other workers” subcategory is for persons performing unskilled labor requiring less than 2 years training or experience, not of a temporary or seasonal nature.

The foreigner must be capable, at the time the petition is filed on his behalf, of performing unskilled labor (requiring less than 2 years training or experience), that is not of a temporary or seasonal nature, for which qualified workers are not available in the United States.

LABOR CERTIFICATION and a permanent, full-time job offer required. Third preference petitions must generally be accompanied by an approved, individual labor certification from the Department of Labor. In some cases, the petition may be submitted to U.S. Citizenship and Immigration Service (USCIS) with an uncertified form for consideration as Schedule A, Group I.

Family of EB-2 Visa Holders. The foreigner’s spouse may be admitted to the United States in E34 (spouse of a “skilled worker” or “professional”) or EW4 (spouse of an “other worker”). During the process where the foreigner and his spouse are applying for permanent resident status (status as a green card holder), his spouse is eligible to file for an Employment Authorization Document (EAD). The foreigner’s minor children (under the age of 18) may be admitted as E35 (child of a “skilled worker” or “professional”) or EW5 (child of an “other worker”).