A U.S. employer may file an Immigrant Petition for Alien Workers (Form I-140) to request your entry to the U.S. if you qualify as a skilled worker, professional, or other (unskilled) worker. If your I-140 petition is approved, your spouse and unmarried children under the age of 21 may be eligible to apply for admission to the United States. Additionally, for all EB-3 visas, you must:
- Have a permanent full-time offer from a U.S. employer willing to sponsor you.
- Meet the job offer and category requirements, like degrees or years of experience
- Be admissible to the U.S. and not be subject to any bars or grounds of inadmissibility.
You must fulfill all prerequisites before your employer submits form I-140. Furthermore, third preference petitions must generally be accompanied by an approved, individual labor certification from the Department of Labor on Form ETA-9089.
Requirements
EB-3A Skilled Workers
- You must be able to demonstrate that you possess at least 2 years of job experience, education, or training that meets the job requirements specified on the labor certification.
- Relevant post-secondary education may be considered as training.
- You must be performing work for which qualified workers are not available in the United States.
EB3-B Professionals
- You must demonstrate that you possess a U.S. baccalaureate or foreign equivalent degree, 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.
- You must meet any other requirements specified on the labor certification.
EB-3C Unskilled Workers (Other Workers)
- You must demonstrate the ability to perform unskilled labor (requiring less than 2 years of training or experience), that is not of a temporary or seasonal nature.
- You must be performing work for which qualified workers are not available in the United States.
- You must meet any other requirements specified on the labor certification.
Please contact our office if you have any further questions. The attorney Sarah Mu can help you navigate the complex immigration process.