EB-3 Visa: Professional, Skilled, and Unskilled Workers
This is an employment category which allows foreign nationals who are skilled workers, professionals, or other type of workers to enter the U.S. for the purposes of obtaining permanent residency.
In this category there are three types of foreign nationals who may be eligible for U.S. permanent residence based on their employment in the U.S. All three types require a job offer and a labor certification by the U.S.
Department of Labor. No labor certification application is required for Schedule A occupation because it has already been determined that there is a shortage of qualified U.S workers in those fields. Currently, there are only two types of Schedule A occupation: nurses and physical therapists.
The various categories under the EB-3 employment based immigrant visa are:
- EB-3(A): for professional workers with a U.S. bachelor's or foreign equivalent degree
- EB-3(B): for skilled workers for positions that require at least two years of training or experience
- EB-3(C): for unskilled workers for positions that require less than two years training or experience
Professionals
The first group includes individuals who possess a Bachelor’s degree, or the foreign equivalent, and a Bachelor’s degree is required for the job. If the foreign national does not have a Bachelor’s degree or the foreign equivalent, a credentials evaluation may be obtained in order to determine if he or she has the equivalent experience or an equivalent combination of education and work experience.
Skilled Workers
The second group includes individuals who have a minimum of two years of training or experience. Schedule A occupation falls into this category. Skilled workers are not permitted to be seasonal or temporary with less than two years experience or training. The training requirement may be met through relevant post-secondary education.
Unskilled Workers
The third group includes unskilled workers and makes available a limited number of immigrant visas each year. Unskilled workers are classified as those positions that require less than two years of higher education, training, or experience, such as an unskilled worker who can perform mainly labor jobs.
There is currently a backlog of immigrant visas for all groups in the EB-3 preference category. The length of time a visa applicant must wait depends on his or her country of birth. Priority dates in the EB-3 preference category are established when the labor certification application is filed with the Department of Labor. Immigrant visa numbers are available for applicants with priority dates before the cut-off date published in the U.S. Citizenship and Immigration Services (USCIS) Visa Bulletin that is updated each month. Cut-off dates change monthly based on the USCIS expectation of visa number usage, therefore, the wait time for an EB-3 applicant may change from month to month.
Premium Processing
Under the Premium Processing Service, the USCIS guarantees that, for an extra $1,000 processing fee, it will issue either an approval notice, a notice of intent to deny, or a request for evidence, within 15 calendar days from the date it receives the petition. If the petition is not processed within 15 calendar days, the USCIS will refund the $1,000 fee and continue to process the request as part of the Premium Processing Service.
At the Hamideh Firm, we discuss with our clients the feasibility and type of EB petition which is most appropriate. We prepare the required forms according to government standards, assist with the collection of supporting documentation, and file your petition for an employment-based immigrant visa in a timely manner.
Please contact us to start your immigration application now.