EB-3 Immigrant Visas
The Third Preference
Professional Workers, Skilled Workers, Other Workers
This visa category is a path to a green card for people who have been offered an indefinite, full-time job by a U.S. employer. Where the job requires at least a related Bachelor’s degree and the foreign worker possesses the relevant four-year degree or its academic equivalent at the time the employer files for labor certification, the classification is Professional Worker.
Where the job requires at least two years of related work experience, or an Associate’s degree and at least one year of post-degree work experience, and the foreign worker possesses the required experience at the time the employer files for labor certification, the classification is Skilled Worker.
Where the job requires a total of one year or less of related work experience, education or training, and the foreign worker possesses the required experience at the time the employer files for labor certification, the classification is Other Worker.
These distinctions may make a difference to immigrant visa availability, as EB-3 immigrant visas are subdivided in the Visa Bulletin into Professional Worker, Skilled Worker and Other Worker. For all residence cases involving labor certification, the employer must follow a prescribed set of recruitment efforts to determine if there are any qualified U.S. workers available to fill the offered position, and must then file an electronic application to the Department of Labor describing these efforts.
If no qualified U.S. workers apply, and the application is certified, the employer may then file an immigrant petition on behalf of the foreign worker with Citizenship and Immigration Services.
If you need an NY EB-3 visa attorney, Karin Wolman can help! Contact her today.