EB-3 Employment-Based Third Preference

The Employment-Based Third Preference (EB-3) category is a special classification by the U.S. Citizenship and Immigration Services (USCIS). The EB-3 allows employers to hire foreign nationals as professionals, skilled workers, and unskilled workers and sponsor them for a green card.

The EB-3 visa is applicable for employment positions of any type or skill level, not just high-skilled or specialty positions. Employers use the EB-3 category to fill a wide range of job openings such as:

• Certified Nursing Assistants (CNAs)
• Caregivers
• Managers
• Customer service representatives
• Accountants
• Hospitality personnel
• Sales representatives
• Maintenance personnel
• Landscapers
• Restaurant staff
• Construction crew

Employees do not need to meet any minimum education, skill, or experience requirements to get an EB-3 visa. All you need is to be qualified for the employer’s position.

Do I Fall Under the EB-3 Category?

You may fall under the EB-3 category if you belong to one of these three groups:

• Professionals: You may be considered a professional by the immigration system if you have achieved a baccalaureate degree in the U.S. or similar educational degrees in foreign countries.
• Skilled Workers: You could be classified as a skilled worker if you have at least two years of work experience related to the position of interest.
• Unskilled Workers: You may be considered an “unskilled” worker if you have less than two years of experience connected to the applied position.

Lower unemployment rates in the U.S. usually lead to fewer available workers for certain job positions. As a result, employees from other countries may have more opportunities to fill the gaps in the work sector.

If you are a professional, skilled worker, or unskilled worker, you may belong to the EB-3 category. You could be eligible for an EB-3 visa if a potential employer is willing to sponsor you and complete the sponsorship process.

Requirements

Whether you are a professional, skilled worker, or unskilled worker, you need to meet the following requirements to get an EB-3 visa:

• Your future employer needs to have a Labor Certification to hire workers from abroad. Petitions for some classifications should be filed with an original Labor Certification from the U.S. Department of Labor (DOL).
• You should receive a full-time work offer from your potential employer, not a temporary or seasonal offer.
• You need to start work as soon as you are granted permanent residency in the U.S.

Your Employer’s Steps to Sponsorship

Your future employer must complete the following sponsorship process so you can get an EB-3 visa:

• Step 1: If your visa category requires it, your employer needs to get an approved Application for Permanent Labor Certification from the U.S. Department of Labor (DOL).
• Step 2: Your employer must complete and sign Form I-140, Immigrant Petition for Alien Workers. All required necessary supporting documents and evidence should be submitted along with Form I-140, including providing financial ability to pay your wages.

Petition Approval

After your petition is approved and your visa becomes available, you will need to apply for an immigrant visa at a U.S. Embassy abroad or file an application for adjustment of status in the U.S. The exact time you need to wait for approval will vary based on various factors.

EB-3 Visa Legal Assistance

It will be less stressful for you, your spouse or your family member to get an EB-3 visa with the help of an immigration lawyer. While the EB-3 category is open to most people, attorneys can help you follow all the regulatory requirements and rules related to the application process.

Plus, skilled immigration attorneys can assist you in gathering and submitting all the necessary legal documents. They can also explain the sub-classifications of the EB-3 category and tell you which sub-classification you fall under.

Next Steps

There’s no need to feel discouraged if you or your loved one feels intimidated by all the legal requirements for the EB-3 category. Our knowledgeable immigration attorneys are ready to guide you in every stage of the process as you pursue your U.S. immigration goals.

We specialize in providing competent legal services to the immigrant community. Our legal team specializes in the practice of U.S. immigration and nationality law. Contact Reeves Immigration Law Group to take the first step towards getting your EB-3 visa. Call us at (800) 795-8009 to schedule a consultation with one of our experienced immigration lawyers.