The employment-based 3rd preference category is divided into three areas: skilled workers, professionals, and unskilled workers.

A "Skilled Worker" means an alien who is capable, at the time of petitioning for the classification, of performing skilled labor (requiring at least two (2) years training or experience), not of a temporary or seasonal nature, for which qualified workers are not available in the United States. Relevant post-secondary education may be considered as training for the purposes of this provision.

"Professional" means a qualified alien who holds at least a United States baccalaureate degree or a foreign equivalent degree and who is a member of the profession.

"Other worker" (unskilled) means a qualified alien who is capable, at the time of petitioning for the classification, of performing unskilled labor (requiring less than two (2) years training or experience), not of a temporary or seasonal nature, for which qualified workers are not available in the United States.

Every petition under the employment-based 3rd preference category must be accompanied by an individual labor certification from the Department of Labor.

In addition, the alien must submit documentation to support his or her claim to the education and /or experience requirements of the labor certification.

NOTE: It is extremely important to classify the alien as a skilled, versus an unskilled worker. The approval time for a skilled worker application may take only one to two years, while an unskilled worker application may take ten years for ultimate approval, because of the different waiting lists for each category.

EB-3 Eligibility and Filing

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.

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.

Application Procedures

Your employer must file a Form I-140 at the USCIS Service Center that serves the area where you will work. All I-140 EB-3 petitions must include a labor certification and a permanent, full-time job offer. There are no exceptions.