♦ EB-3 Skilled workers and Professionals

EB-3 is the third preference category of employment-based immigrant petitions. It includes two main groups, i.e., “Skilled Workers and Professionals” and “Unskilled Workers.”

To qualify for Skilled Workers, an alien worker needs to possess a minimum of two years training or work experience, not of a temporary or seasonal nature.  To qualify for “Professionals”, an alien worker needs to possess at least a U.S. bachelor’s degree or a foreign equivalent and are a member of the professions.

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♦ Requirements for EB-3 Skilled workers and Professionals

(1)  Labor Certification  Generally, prior to filing EB-3 immigrant petitions, the US petitioners need to obtain a certified labor certification from the Department of Labor on Form ETA-9089. In some cases, EB-3 petitions may be submitted to the USCIS with an uncertified ETA-9089 for consideration as Schedule A, Group I.

(2) Immigrant Petition Both types of EB-3 petitions must show the alien performs work for which qualified workers are not available in the United States. To seek under EB-3 for Professionals, the US petitioners also need to demonstrate that a bachelor’s degree is the normal requirement for entry into the occupation.

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♦ Key to a successful EB-3 petition

Beneficiary’s Credentials  The alien workers who seek for qualification as Skilled Workers must demonstrate at least 2 years of job experience or training. The alien workers who seek for qualification as Professionals must demonstrate an obtainment of a U.S. bachelor’s degree or foreign degree equivalentYour employer (petitioner)

Petitioner’s Financial Capability  The EB-3 petitioners must demonstrate an ability to pay the offered wage as of your visa priority date by using annual report, federal income tax return, audited financial statement and etc.