The EB-3 classification is open to foreign nationals with at least two years experience as skilled workers, professionals with bachelors’ degrees and the following:
- Professionals with Bachelor’s degrees who do not qualify for either categories EB-1 and EB-2, or
- Aliens with at least two years of experience as skilled workers, professionals with a baccalaureate degree, or
- Unskilled Workers who can contribute abilities unavailable in the US
Your employer should file-in USCIS Form I-140 Petition for Alien Workers with the USCIS Regional Service Center that has jurisdiction over the location of your employment. EB-3 petitions also require an approved Labor Certification (Form ETA-750) from the Department of Labor.
Skilled workers should have at least two years experience, either through hands-on experience or through post-secondary education.
Professionals should have either a U.S bachelor’s degree or a foreign equivalent degree.
Labor Certification Process for EB-2 and EB-3
Generally, an employer (petitioner) sponsoring an employee (beneficiary) in either EB-2 or EB-3 must complete an Application for Permanent Employment Certification by filing (Form ETA 9089) for the beneficiary, and file it with the Department of Labor’s Employment and Training Administration. Department of Labor will either approve or deny the certification request. The labor certification typically involves satisfying by the employer that its potential employee is not taking a job from a U.S. worker. In certain circumstances, the employer and the potential employee may be able to show that the potential employee’s entry to the U.S. for the job in question is in the national interest. Both the job and labor certification process will then be waived on the basis of national interest. Labor Certification, also known as PERM, can be time consuming, as various steps, documentation, testing and advertisement of the job are needed. We can work with employers on this process.
After an approval for labor certification is granted, an immigrant visa petition, Form I-140 will then be filed with the USCIS by the employer to bring the applicant into the U.S. However, if the applicant is already in the U.S., he or she can apply to adjust to permanent resident by filing Form I-485 along with the I-140 with the appropriate USCIS branch office.