Employment Based Immigration
EB-3 Eligibility and Filing
EB-3 classification includes:
- Aliens with at least two years of experience as skilled
- Professionals with a baccalaureate degree; and
workers with less than two years experience, such as an unskilled
worker who can perform labor for which qualified workers are not
available in the United States.
requirements for the EB-3 classification are less stringent than the
EB-1 and EB-2 classifications, you should be aware that a long backlog
exists for visas in the "other workers" category. The regulations for
EB-3 workers are found at 8 CFR § 204.5.
positions are not seasonal or temporary and require at least two years
of experience or training. The training requirement may be met through
relevant post-secondary education. The Form ETA-750 (Labor
Certification) states the job requirements, which determine whether a
job is skilled or unskilled. For more information, please see the
Department of Labor's Employment and Training Administration Website.
must hold a U.S. baccalaureate degree or foreign equivalent degree that
is normally required for the profession. Education and experience may
not be substituted for the degree.
are in positions that require less than two years of higher education,
training, or experience. However, due to the long backlog, a petitioner
could expect to wait many years before being granted a visa under this
Source: USCIS Website
| Last accessed: February 7, 2009.
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