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EB-3 CATEGORY

Category:  EB-1  |  EB-2  |  EB-3  |  EB-4  |  EB-5


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

On EB-3 immigrant status, you may:  

•  reside permanently the U.S.; 

•  work in the U.S.; 

•  travel freely in and out of the U.S.; 

•  apply for dependent statuses for your spouse and children below 21 years.

Types of the EB-3 Employment-based Immigrant Visa/Status: 

EB-3(A): This category is for “professional workers”. Your petition must be accompanied by evidence that you are a foreign national who holds a U.S. baccalaureate degree or a foreign equivalent degree. This evidence may be in the form of an official college or university record showing the date the baccalaureate degree was awarded and area of concentration of study. You also have to be a member of the professions. It requires evidence showing that the minimum of a baccalaureate degree is required for entry into the occupation. 

EB-3(B): This category is for “skilled workers”. You must be a foreign national capable of performing skilled labor, which requires at least two years of training or experience; is not of a temporary or seasonal nature; does not have appropriately qualified workers available in the U.S. Relevant post-secondary education may be considered as training for the purposes of this provision. 

EB-3(C): This category is for “unskilled workers”. You must be a qualified foreign national who is capable of performing unskilled labor which: requires less than two years of training or experience; is not of a temporary or seasonal nature; does not have appropriately qualified workers available in the U.S. 

Your petition for EB-3 classification must be accompanied by evidence that you meet any educational, training and experience, and other requirements of the Labor Certification.

All categories under the EB-3 Employment require a job offer from a U.S. company.

Steps to Obtain EB-3 Visa/Status: 

If you want to enter the U.S. as an EB-3 worker, you must go through the following multi-step process: 

  • Your prospective employer must determine if you are eligible for lawful permanent residency in the U.S. 

  • Your prospective U.S. employer must complete Application for Permanent Employment Certification, and submit it on your behalf to the Department of Labor’s Employment and Training Administration. Your certification request must be either granted or denied by the Department of Labor. 

  • The USCIS must approve Petition for Alien Worker, filed on your behalf. 

  • The State Department must give you an immigrant visa number. 

  • If you are already in the U.S., you must apply to adjust to permanent resident status after a visa number becomes available. 

  • If you are outside the U.S., you must complete your immigrant visa processing at the U.S. Consulate.

Dependents 

Spouse of EB-3 status holder may be admitted to the United States in E34 (spouse of a “skilled worker” or “professional”) or EW4 (spouse of an “other worker”). During the process where you and your spouse are applying for permanent resident status (status as a green card holder), your spouse is eligible to file for an Employment Authorization Document (EAD). Your minor children (under the age of 21) may be admitted as E35 (child of a “skilled worker” or “professional”) or EW5 (child of an “other worker”).