Employment-Based Third Preference: EB-3 Visa

The EB-3 visa serves as a pathway to U.S. Permanent Residency, commonly referred to as Green Card status. This visa is divided into three specific subcategories:
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1. Skilled Workers: This is for individuals whose roles necessitate a minimum of two years of specialized training or experience. The nature of the job should not be temporary or seasonal. Relevant tertiary education can count as specialized training.
2. Professionals: This category is for individuals who possess at least a U.S. baccalaureate degree or its foreign equivalent and belong to a recognized profession.
3. Unskilled Workers: This is designed for those engaged in labor that demands less than two years of training or experience and is not seasonal or temporary.

Every subcategory requires sponsorship from a qualified U.S. employer. Along with a job offer, the USCIS won't process the EB-3 petition unless it is accompanied by an approved Labor Certification from the U.S. Department of Labor.

Skilled Workers need to prove they have at least two years of specialized training or job experience. Professionals must have a degree equivalent to a U.S. bachelor's degree, and the job for which they are being sponsored should generally require such a degree. All other foreign nationals may be sponsored under the Unskilled Workers category.

The Labor Certification is the benchmark used to establish whether there are U.S.-authorized workers capable of fulfilling the job intended for foreign nationals. An exhaustive recruitment effort must be conducted to ensure that U.S.-authorized employees are not being overlooked. Additionally, the sponsoring employer must demonstrate its financial capability to pay the foreign national an average wage commensurate with similar roles in the same geographic area.

For further information on sponsoring a foreign national for a U.S. Green Card, contact our offices to schedule a confidential consultation with one of our U.S. visa attorneys.