8. NC road♦ EB-3 Unskilled Workers (or Other Worker)

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.”

The Unskilled Workers (or “Other Worker”) subcategory is for persons who perform unskilled labor requiring less than 2 years training or experience, not of a temporary or seasonal nature.

♦ Requirements for an EB-3 Unskilled Worker immigrant petition

  1. Labor certification. It is required. The immigrant petition must accompanied by evidence that the alien meets any educational, training and experience, and other requirements of the labor certification.
  2.  Full-time job offer. It is required.

♦ Determination on skilled workers and unskilled workers

The determination of whether a worker is a skilled or other worker is based on the requirements of training and/or experience placed on the job by the prospective employer, as certified by the Department of Labor. In the case of a Schedule A occupation or a shortage occupation within the Labor Market Pilot Program, the petitioner will be required to establish to the director that the job is a skilled job, i.e., one which requires at least two years of training and/or experience.