Employment-Based Third Preference: EB-3 Visa

The EB-3 visa is an immigrant visa leading directly to US Permanent Residence, also known as green card status.  The EB-3 visa may be broken down into three subcategories: skilled workers, professionals, and unskilled workers.
 
Each subcategory requires the foreign national be sponsored by a qualified US employer.  In addition to the job offer requirement, USCIS will not adjudicate the EB-3 petition unless it is accompanied by an approved Labor Certification by the US Department of Labor.
 
Skilled Workers must demonstrate at least two years of job experience or training.  Professionals must be in possession of a degree equivalent to a US bachelor’s degree, and the job they are being sponsored for must normally require a degree in that field.  Finally, all other foreign national workers may be sponsored under the unskilled workers subcategory.
 
The Labor Certification process is the test used to determine whether there are already US authorized workers available to perform the job being sought by the foreign nationals.  A detailed recruitment process must take place to ensure US authorized workers are not being displaced.  In addition to the recruitment process, the sponsoring company must prove they have the ability to pay the average wage to the foreign national as for a similar position in the same location.
 
To learn more about sponsoring a foreign national employee for a US green card contact our Brussels or London office to arrange a confidential consultation with one of our US immigration lawyers.