EB-3 Skilled Workers and Professionals Visa

Approximately 140,000 immigrant visas are available each fiscal year for aliens (and their spouses and children) who seek to immigrate based on their job skills. If you have the right combination of skills, education, and/or work experience and are otherwise eligible, you may be able to work and live permanently in the United States.

You may be eligible for this immigrant visa preference category if you are a skilled worker, professional, or other worker.

A Labor Certification and full-time job offer are required for the following categories:

• “Skilled workers” are persons whose job requires a minimum of 2 years training or work experience, not of a temporary or seasonal nature
• “Professionals” are persons whose job requires at least a U.S. baccalaureate degree or a foreign equivalent and are a member of the professions
• The “other workers” subcategory is for persons performing unskilled labor requiring less than 2 years training or experience, not of a temporary or seasonal nature.

U.S. Department of Labor – Labor Certification

Third preference petitions must generally be accompanied by an approved, individual labor certification from the Department of Labor on Form ETA-9089.

Application Process

You must be the beneficiary of an approved Form I-140, Petition for Alien Worker filed by your employer. As part of the application process, your employer must be able to demonstrate an ability to pay the offered wage as of your visa priority date.

Family of EB-3 Visa Holders

Your spouse may be admitted to the United States in E34 (spouse of a “skilled worker” or “professional”) or EW4 (spouse of an “other worker”). During the process where you and your spouse are applying for permanent resident status (status as a green card holder), your spouse is eligible to file for an Employment Authorization Document (EAD). Your minor children (under the age of 21) may be admitted as E35 (child of a “skilled worker” or “professional”) or EW5 (child of an “other worker”).

The immigration lawyers at Allen & Pinnix, P.A. are experienced in the EB-3 Skilled Workers and Professionals Visa.  If you are an employer seeking to hire a foreign national worker, please call our office for an appointment or schedule a consultation here.