Skilled Workers: The EB-3 Visa

There are many options for immigrants to the United States who are seeking an employment-based visa. If a foreign national is a skilled worker, professional, or other worker, he/she may be eligible for an EB-3 visa. For a complete list of what is classified as a skilled worker for EB-3 purposes, it is advisable to contact an experienced US immigration attorney or US immigration law firm for assistance. An Immigration lawyer can take you step-by-step through the USCIS application process for an employment-based visa (EB-3), as well as any other visa or immigration service you may require, such as the EB-1, EB-2, EB-4, and EB-5 Visas.

What is a skilled worker?

According to the USCIS, “skilled workers,” for EB-3 purposes, are persons whose job requires a minimum of 2 years training or work experience, not of a temporary or seasonal nature. A skilled worker must provide documentation of at least 2 years of experience or training, but also must be performing work for which qualified workers are not available in the United States. Labor certification and a permanent, full time job offer are required.

Who are professionals?

In the EB-3 context, “professionals” are persons whose job requires at least a U.S. baccalaureate degree or a foreign equivalent and who are a member of the profession for which they hold a degree. In addition to the B.A. degree, the applicant must establish that he/she is performing work for which qualified workers are not available in the United States. It is important to note that the applicant's training and experience may not be substituted for a baccalaureate degree. Labor certification and a permanent, full time job offer are required.

Who does the USCIS consider "other workers?"

The “other workers” subcategory is for persons performing unskilled labor requiring less than 2 years of training or experience, not of a temporary or seasonal nature. The EB-3 applicant must be capable, at the time they file their petition, of performing unskilled labor (requiring less than 2 years training or experience) for which qualified workers are not available in the United States. Labor certification and a permanent, full time job offer are required.

What about the family of the EB-3 visa holder?

A spouse may enter the U.S. with E34 or EW4. The spouse is also eligible to file for an employment authorization document. Minor children, under 18, may be admitted as E35 or EW5.

It is important to note with the EB-3 visa that the employer, not the employee, must file a form I-140 for the alien worker. The employer must demonstrate an ability to pay the offered wage and must use an annual report, federal income tax return, or audited financial statement as demonstration.