EB-3 Visa for Skilled and Unskilled Workers

You may qualify for permanent resident status in the third preference category of employment-based immigration if:


To show that you are a member of the professions, your U.S. employer must demonstrate that the minimum of a baccalaureate degree is required for entry into the occupation


You may qualify as a skilled worker if

To demonstrate that you are a skilled worker, you must show that


You may qualify as an unskilled worker if you do not hold a U.S. baccalaureate degree or foreign degree equivalent, or do not have at least two years of training or experience in a particular skill. To qualify, you must demonstrate that you meet any educational, training and experience, and other requirements of the labor certification.


Labor certification by the U.S. Department of Labor (DOL) is required for EB-3 professionals, skilled and unskilled workers. Your U.S. employer must demonstrate to the satisfaction of the DOL that no qualified U.S. citizens or lawful permanent residents are able, willing, and available to take the job offered.

However, labor certification is not required if your occupation is designated as a Schedule A occupation.
Schedule A Occupations

Schedule A is a list of occupations for which the DOL has determined there are not sufficient U.S. workers who are able, willing, qualified and available. In addition, Schedule A establishes that the employment of foreign workers in such occupations will not adversely affect the wages and working conditions of U.S. workers similarly employed. 

Professionals and skilled workers whose occupation is listed on Schedule A may apply for Schedule A designation. To apply for Schedule A designation, your U.S. employer must submit a labor certification application to the DOL but is not required to establish that no qualified U.S. citizens or lawful permanent residents are able, willing, and available to take the job offered.


Upon certification by the DOL (unless otherwise exempted), your U.S. employer must file an immigrant petition with U.S. Citizenship and Immigration Services (USCIS) and submit evidence demonstrating that you possess the required qualifications and credentials to be employed as an EB-3 worker. If approved, USCIS will issue Form I-797, Approval Notice. 

Approval of the immigrant petition authorizes your prospective employer to employ you as an EB-3 worker. However, approval of the immigrant petition in itself does not authorize you to begin working or confer lawful permanent resident status upon you. To be eligible for employment, you must be admitted to the United States as a lawful permanent resident.


If you are outside the United States at the time your immigrant visa petition is approved, you must apply for an immigrant visa before you may enter the U.S. as a lawful immigrant. Upon approval of the immigrant petition filed by your U.S. employer, your case will be forwarded to the National Visa Center (NVC) for further processing. Your priority date must be current for an immigrant visa to issue. Your priority date is the date on which your U.S. employer filed the immigrant petition. Each month the U.S. Department of State issues the Visa Bulletin which gives information about immigrant visa availability and the current priority dates. 

Upon receipt of your case from USCIS, NVC will contact you or your agent/attorney with processing instructions. Upon submission of an immigrant visa application and the required supporting documents to NVC, processing on your case will continue. When NVC has completed processing, it will forward your case to the U.S. Embassy or Consulate in the jurisdiction where you reside abroad, and you will be notified of your immigrant visa interview appointment and what documents to bring to the interview. If approved, an immigrant visa will be issued in your name. You will have 120 days from the date of issue to enter the United States. Within a short period of time following your admission to the United States, a Permanent Resident Card (green card) will be mailed to you.


If you are inside the United States in lawful nonimmigrant status, you may in certain cases apply to adjust your status to that of a lawful permanent resident through a process known as adjustment of status. If the priority date for the EB-3 classification is current at the time your U.S. employer submits the immigrant petition to USCIS, you may file your adjustment of status application with the employer's immigrant petition. If the priority date is not current at that time, you must wait until it becomes current. You cannot file an adjustment application if you are outside the U.S. or if you are inside the U.S. but have violated your nonimmigrant status, or if you are barred from filing based upon your nonimmigrant status at the time or your particular circumstances. The process culminates in an adjustment of status interview, though in most employment cases the interview is waived. If your application is approved, you will be mailed a Permanent Resident Card within a short period of time. 

The content of this article is provided for informational purposes only. If you need help with an Immigration question please call us at 214 432 2499 or email your query at info@seemamehtalawfirm.com