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EB-3 GREEN CARD (PROFESSIONALS & SKILLED WORKERS)

Eligibility requirements for obtaining a green card in the employment-based, third preference classification (EB-3) are less stringent than those in the first or second preference categories, however the time required to obtain permanent residency  can be significantly longer in this category.

EB-3 petitions require employer sponsorship in the form of a Form I-140, Petition for Alien Worker. As part of the application process, your employer must be able to demonstrate an ability to pay the offered wage as of your visa priority date, and such wage must meet prevailing wage requirements.  Your employer may use an annual report, federal income tax return, or audited financial statement to demonstrate an ability to pay your wage.

You may be eligible for this immigrant visa preference category if you are a skilled worker, professional, or other worker.

          “Professionals” are persons whose job requires at least a U.S. baccalaureate degree or a foreign equivalent and are a member of the professions;

         “Skilled workers” are persons whose job requires a minimum of 2 years training or work experience, not of a temporary or seasonal nature; and

         The “other workers” subcategory is for persons performing unskilled labor requiring less than 2 years training or experience, not of a temporary or seasonal nature.

Eligibility Criteria

Sub-categories

Evidence

Certification

Skilled Workers

         You must be able to demonstrate at least 2 years of job experience or training

         You must be performing work for which qualified workers are not available in the United States

Labor certification and a permanent, full-time job offer required.

Professionals

         You must be able to demonstrate that you possess a U.S. baccalaureate degree or foreign degree equivalent, and that a baccalaureate degree is the normal requirement for entry into the occupation

         You must be performing work for which qualified workers are not available in the United States

         Education and experience may not be substituted for a baccalaureate degree

Labor certification and a permanent, full-time job offer required.

Unskilled Workers (Other Workers)

You must be capable, at the time the petition is filed on your behalf, of performing unskilled labor (requiring less than 2 years training or experience), that is not of a temporary or seasonal nature, for which qualified workers are not available in the United States.

Labor certification and a permanent, full-time job offer required.

 U.S. Department of Labor – Labor Certification
Third preference petitions must generally be accompanied by an approved, individual labor certification from the Department of Labor on Form ETA-9089, which demonstrates that the employer has made a diligent effort to recruit a US citizen or permanent resident to take the offered petition and has been unable to find a qualified candidate.  For more information, please click on the link for PERM Labor Certifications.

Family of EB-3 Visa Holders
Your spouse and children under the age of 18 may receive derivative green cards connected to the permanent resident status of an EB-3 green card holder.  In addition, such parties may be eligible to work during the green card application process, if certain conditions are met.