Green Card: EB-3 for Workers

Eligibility and Filing: EB-3 petitions must include a labor certification, there are no exceptions.

The EB-3 employment visa is an immigrant visa which allows foreign nationals who are skilled workers, professionals or other type of workers to enter into the U.S. to obtain permanent residency.

(A) Skilled Workers - Aliens with at least two years of experience

Skilled worker positions are not seasonal or temporary and require at least two years of experience or training. The training requirement may be met through relevant post-secondary education. The Form ETA-9089 (Labor Certification) states the job requirements, which determine whether a job is skilled or unskilled.

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(B) Professionals with a baccalaureate degree

Professionals must hold a U.S. baccalaureate degree or foreign equivalent degree that is normally required for the profession. Education and experience may not be substituted for the degree.

(C) Other workers with less than two years experience

Other workers with less than two years experience such as an unskilled worker who can perform labor for which qualified workers are not available in the United States. They are in positions that require less than two years of higher education, training, or experience. However, due to the long backlog, a petitioner could expect to wait many years before being granted a visa under this category. Application Procedures

  1. First, your prospective employer must determine if you are eligible for lawful permanent residency in the U.S.;
  2. Then, your prospective U.S. employer must complete an Application for Permanent Employment Certification, Form ETA-9089, and submit it on your behalf to the Department of Labor's Employment and Training Administration. Labor must either grant or deny the certification request;
  3. After that, the USCIS must approve Form I-140, Petition for Alien Worker, filed on your behalf;
  4. Next, the State Department must give you an immigrant visa number;
  5. Finally, if you are already in the U.S., you must apply to adjust to permanent resident status after a visa number becomes available; or
  6. If you are outside the U.S., you must complete your immigrant visa processing at the U.S. Consulate.
Frequently Asked Questions about EB-5 Visas
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