EB3 Visa For Skilled Workers Unlock Your Path to Permanent Residency

EB3 Visa for Skilled Workers

Labor Certification

EB3 Visa, or Employment-based Third Preference, is an immigrant visa classification for professionals, skilled workers, and “Other Workers.” Every EB-3 visa classification requires a labor certification.

Labor certification is the process by which a potential employer of an alien tests the local job market by trying to recruit an able, willing and qualified U.S. worker. The recruitment efforts must be according to Department of Labor regulations, and an employer is obliged to accept a minimally-qualified U.S. worker over a better qualified alien.

Once the employer has exhausted all prescribed recruiting efforts without locating an able, willing and qualified U.S. worker, the Department of Labor will certify the position as being one for which there are insufficient U.S. workers to fill the position. An employer may then submit a Form I-140, Immigrant Petition for Alien Worker, seeking permanent resident status for the alien employee.

The labor certification process is lengthy and cumbersome and to be avoided if at all possible. That being said, the EB-3 has experienced a bit of a revival in the past several years due to fewer workers being interested in lesser-skilled positions.

There is no National Interest Waiver for the EB-3 category.

EB3 Visa for a Wide Range of Qualified Workers

The EB-3 category includes a wide range of qualified workers, from a professional with a four-year degree or its equivalent, to a position for an unskilled worker. 

Professionals. A worker who holds a baccalaureate degree or a foreign equivalent is considered a “professional,” as are individuals who are members of the professions (doctors, lawyers, engineers, teachers). State licensing requirements must be met. The Department of Labor specifies a list of professional occupations that normally require a bachelor’s or higher degree for the purposes of Labor Certification recruitment.

The list, while not dispositive, includes the following: Architects, Engineers, Lawyers, Physicians, Surgeons, and Teachers in elementary or secondary schools, colleges, academies or seminaries. Note that professionals seeking a labor certification will be subject to a higher recruitment standard than skilled workers or other workers.

Note also that a degree equivalency can only be based on an evaluation of education and not job experience.

Skilled Workers. A skilled worker is one who occupies a permanent position that requires at least 2 years training or work experience. Note that related post-secondary education may count as training.

Other Workers.  Workers with less than 2 years of training and/or work experience. 

Mentor Law Firm Specializes Assisting Immigrants with EB3 Visa and Labor Certification

Mentor Law Firm specializes in assisting clients with EB-3 Immigrant Visas and Labor Certification. Our team of experienced attorneys is dedicated to providing personalized legal services to help individuals and employers navigate the complexities of U.S. immigration law. With a deep understanding of the EB-3 process, we ensure that each application is meticulously prepared and submitted, maximizing the chances of approval. Our mission is to support our clients in achieving their immigration goals efficiently and effectively.

Professionals. A worker who holds a baccalaureate degree or a foreign equivalent is considered a “professional,” as are individuals who are members of the professions (doctors, lawyers, engineers, teachers). State licensing requirements must be met. The Department of Labor specifies a list of professional occupations that normally require a bachelor’s or higher degree for the purposes of Labor Certification recruitment. The list, while not dispositive, includes the following: Architects, Engineers, Lawyers, Physicians, Surgeons, and Teachers in elementary or secondary schools, colleges, academies or seminaries. Note that professionals seeking a labor certification will be subject to a higher recruitment standard than skilled workers or other workers.

Note also that a degree equivalency can only be based on an evaluation of education and not job experience.

 

Skilled Workers. A skilled worker is one who occupies a permanent position that requires at least 2 years training or work experience. Note that related post-secondary education may count as training.

Other Workers. Workers with less than 2 years of training and/or work experience.