Employment-Based, Third Preference (EB3)

Employer and PERM Labor Required

The EB3 category is for individuals who are skilled workers, professionals, and other workers.

There must be a job offer by a United States employer for skilled workers and professionals. The job must be in the occupation for which s/he has received training or education, or a closely related occupation. The employer must obtain a labor certification (LC) from the U.S. Department of Labor.

The LC must indicate that the position offered requires the education, training, or experience of the prospective employee. After the PERM Labor is approved, the employer may file an employment-based immigrant petition on behalf of the prospective employee.

The category of skilled, unskilled, or professional is determined by the type of job and the background of the prospective employee.

Skilled Workers

The position must require at least two years of training or experience in order to qualify for the third-preference category under skilled worker.

Professionals

The position must require at least a baccalaureate degree and the applicant must demonstrate the that s/he possesses the required U.S. baccalaureate degree (or its foreign equivalent) to be classified as professional for the third-preference category.

Other Workers

The other worker category is for positions that require less than two years training / experience. The quota for this category is severely backlogged due to large numbers of applicants and low numbers of visas issued each fiscal year.

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