EB-3 Visa for Professional, Skilled, and Unskilled Workers

This catch-all green card category is useful for many types of workers -- but can also involve long waits.

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The third preference category of U.S. green cards available through employment (there are five total preference categories) is fairly broad, and less demanding than some of the other categories. It includes:

•professional workers

•skilled workers, and

•unskilled workers.

The foreign national will need a permanent, full-time job offer from a U.S. employer. The employer will need to start the process by obtaining an approved labor certification from the U.S. Department of Labor, confirming that the employer attempted to recruit U.S. workers for the job, but found none who were willing and qualified. Labor certification is required for all three EB-3 subcategories. (No national interest waiver, in which the applicants show that hiring the foreign national will benefit the United States so much that labor certification is not needed, is available for the third preference.) For more information on the labor certification requirements and procedures, see “Procedures to Sponsor a Worker for a Green Card.”

A limited number of EB-3 green cards available each year -- only 40,000 in total, of which 10,000 are allotted to unskilled workers. The result is that workers who are classified as unskilled often have to wait much longer for green cards than workers in the two other subcategories. It depends on how many other people apply, but the demand for unskilled workers is high – just think about how many employers would like to sponsor their nanny or caregiver for a green card. The wait gets to be as long as ten years, depending on what country the worker is from. (Per-country limits also affect the allotment of visas.)

Professional Workers (No Advanced Degree) Subcategory of EB-3

Who is considered a professional? Immigration law is unclear on the definition of this word, stating only that professionals include such occupations as architects, lawyers, physicians, engineers, and teachers. Aside from these examples of “professions,” U.S. Citizenship and Immigration Services (USCIS) tends to accept as professionals workers with a university degree working in their field of expertise.

A worker who holds nothing higher than a bachelor’s degree and has fewer than five years of work experience is probably a good fit for this category, presuming the job being offered is one that normally requires a bachelor’s degree. (With five years of experience, the worker might be able to qualify in a higher preference category, EB-2.) As long as the worker has the necessary degree, proving eligibility in this category is fairly straightforward.

Skilled Workers Subcategory of EB-3

Workers performing occupations that do not ordinarily require college degrees, but do need at least two years of training or experience, fit the subcategory of skilled workers. For example, the EB-3 category may be used for certain types of computer and technical workers (not researchers or managers), chefs, construction first-line supervisors, stonemasons, reporters and journalists, graphic designers, and fashion designers. If the person has done postsecondary training in the field, that can be counted as training.

How much experience or training a worker should have for a specific job is not always clear. A local state labor department office is a good source for information on the number of years of education and experience that it views as the minimum for the job in question. It’s also possible to look this up on the Department of Labor’s website at http://online.onetcenter.org.

Unskilled Workers Subcategory of EB-3

Any job not falling into one of the subcategories described above would best fit the EB-3 subcategory of unskilled workers. Occupations requiring less than two years’ training or experience are usually considered unskilled.

Housekeepers, nannies, janitors, garden workers, nurse’s aides, and farm workers are among the likely applicants. Of course, the worker’s own qualifications must satisfy whatever requirements the job does normally have, or the person will not be granted a green card under this EB-3 subcategory. For example, if the worker has been offered a job requiring a one-year vocational training program, he or she must finish this program before expecting to start working for the sponsoring U.S. employer.

by: , J.D.

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