The EB-3 refers to the employment based third preference visa category and offers permanent residency status to professionals, skilled workers, and other workers. For candidates to qualify for any of the subcategories listed under the EB-3 category, a full-time job offer and a Labor Certification from the U.S. Department of Labor are required before filing a petition with USCIS. Once the Labor Certification is obtained, U.S. employers must file the form I-140, Petition for Alien Worker, with the foreign employee as the beneficiary of the petition.
Professionals under the EB-3 category are individuals whose job require at least a U.S. bachelor’s degree or a foreign equivalent and are members of their professions.
Skilled workers are classified as individuals whose job requires a minimum of two years training or work experience.
Other workers is a subcategory for individuals performing unskilled labor requiring less than two years training or experience, but are not of a temporary or seasonal nature. Documentary evidence of the foreign employee’s education and experience in the field related to the occupation should accompany the form I-140 filed with USCIS. It is important that U.S. employers also evidence their ability to pay the offered wage as of the candidate’s visa priority date with supporting documentation such as income tax returns, audited financial statements, and/or annual reports. Rahbaran & Associates assists employers to prepare Labor Certification Applications as well as I-140, Petition for Alien Worker, filings and helps ensure that there is a satisfactory relationship between the stated responsibilities of the position being offered and the foreign employee’s education and expertise.