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EB-3 Eligibility and Filing

EB-3 classification includes:

• Aliens with at least two years of experience as skilled workers;
• Professionals with a baccalaureate degree; and
• Other 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.

While eligibility 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.

Skilled worker 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.

Professionals 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.

Other workers 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 category.

Source: USCIS Website | Last accessed: May 4, 2021.

Information on this website is provided for information purposes only, and its presentation herein neither creates an attorney-client privilege nor constitutes legal advice.