Los Angeles EB-3 Work Visa Lawyer
EB-3 Third Preference Category Visas
Third Preference Category Visas for Foreign Workers
Third Preference Category visas also known as, EB-3 (Employment Based) visas are dedicated for skilled, professional and unskilled workers (also known as other workers). This type of visa allows a foreign worker to obtain a green card.
The foreign worker must first have a full time job offer from a U.S. employer. The employer must also submit a labor certification to the Department of Labor (DOL). A labor certification is a declaration by the U.S. employer confirming that they have advertised the position and interviewed U.S. worker candidates. The labor certification further confirms that none of these candidates were qualified for the position. The employer must also submit a Prevailing Wage Request (PWR) to the DOL. A PWR confirms that the wage/salary the employer intends to pay is in line with the local job market for the particular position being offered.
Once these requirements have been fulfilled, the employer can then file a visa petition for the foreign worker on Form I-140. If the I-140 is approved and a visa is available, the foreign worker can then file a green card application also known as: Form I-485, Application to Register Permanent Residence or Adjust Status.
Types of EB-3 Jobs & Employers
The U.S. immigration laws do not provide a specific list of what jobs fall under the EB-3 category. For Professional and Skilled workers their education or work experience must be related to the intended job. The employer must be a U.S. citizen individual or U.S. company. Some examples of jobs that fall under the EB-3 category are:
- Professionals: lawyers, architects, engineers, teachers
- Skilled Workers: computer scientists, graphic designers, supervisors, journalists
- Unskilled/Other Workers: caretakers, housekeepers, nannies, janitors
Each of the three worker categories also have specific requirements:
- Professionals—Baccalaureate degree or foreign university equivalent
- Skilled Workers—At least 2 years training or work experience. Relevant post-secondary education may be considered as training.
- Unskilled/Other Workers: able to perform unskilled labor that is not considered seasonal or temporary in nature. This category does not require two years of training or work experience.
For tips for foreign workers and employers interested in the Eb-3 category, please see our blog post at:
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