The EB-3 Green Card is a permanent residence category based on work. Workers that are competent, professional, or “other” fall into the third preferred group. Those with a bachelor’s degree or its international equivalent are referred to as “professionals.”
“Skilled” is defined as someone who has worked in a certain occupation that needs at least two years of training. In comparison to the EB-1 and EB-2 categories, the EB-3 Green Card has less stringent qualifying conditions, but there are more qualified candidate
The following table lists the employment-based subcategories and the types of jobs that fall under them:
Priority workers (EB-1)
Professionals with advanced degrees and exceptional abilities (EB-2)
Physicians (EB-2 with a special waiver)
Skilled, unskilled, and professional workers (EB-3)
Special workers (EB-4)
EB-3 Visa Requirements & Qualification
The EB-3 visa requirements sets a lower standard than other green cards, such as the EB-2, and so is scrutinized less closely. So, there are higher chances to qualify for an EB-3 visa. However there is often a waiting list for approval.
Most EB-3 visa applications cannot be adjusted from temporary (non-immigrant) visas until the petitioner’s priority date becomes current. This date is set when the Labor Certification Process is started (see below).
The employer must:
- file form I-140 with USCIS;
- establish that they can afford the offered position upon granting of the Green Card;
- prove that the beneficiary meets the necessary requirements.
The three routes to EB-3 visa qualification are:
- Skilled Worker: The position demands at least 2 years’ relevant employment experience or training. In addition, a Labor Certification Process is required to demonstrate that no qualified workers are already available in the U.S. to fill the position.
- Professionals: The professional position in question requires a baccalaureate degree (or foreign equivalent).
- Unskilled/“Other” Workers: The third option covers jobs that can be performed with less than two years’ training. (However, temporary or seasonal jobs are excluded.)
Individuals who have an approved form I-140 may also be able to downgrade from an EB-2 to an EB-3.
Labor Certification Process
Each EB-3 visa petition requires that the PERM Labor Certification process be followed.
PERM is where the U.S. Department of Labor (DOL) requires that the prospective employer test the market to establish that there are no willing or qualified workers already legally in the United States who can fill the position.
This process also requires a Prevailing Wage Determination which typically involves:
- Posting with the relevant State Workforce Agency;
- Posting an advertisement in a major newspaper on consecutive Sundays;
- Posting the job ad in a conspicuous place at the worksite and on the company’s intranet/website;
- Plus, three other recruitment processesas set out in the regulations.
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