The EB-3 classification is open to foreign nationals with at least two years experience as skilled workers, professionals with bachelors’ degrees and the following:
- Professionals with Bachelor’s degrees who do not qualify for either categories EB-1 and EB-2, or
- Aliens with at least two years of experience as skilled workers, or professionals with a baccalaureate degree, or
- Unskilled Workers who can contribute abilities unavailable in the US.
Steps
Your employer should file-in USCIS Form I-140 Petition for Alien Workers with the USCIS Regional Service Center that has jurisdiction over the location of your employment. EB-3 petitions also require an approved Labor Certification (Form ETA-9089) from the Department of Labor.
Documents
Skilled workers should have at least two years experience, either through hands-on experience or through post-secondary education.
Professionals should have either a U.S. bachelor’s degree or a foreign equivalent degree.
Labor Certification Process for EB-2 and EB-3
Generally, an employer (petitioner) sponsoring an employee (beneficiary) in either EB-2 or EB-3 must complete a labor certification request by filing (Form ETA 9089) for the beneficiary, and file it with the Department of Labor’s Employment and Training Administration. Department of Labor will either approve or deny the certification request. The labor certification typically involves satisfying by the employer that its potential employee is not taking a job from a U.S. worker.
In certain circumstances, the employer and the potential employee may be able to show that the potential employee’s entry to the U.S. for the job in question is in the national interest. Both the job and labor certification process will then be waived on the basis of national interest.
Labor Certification process can be time consuming, as various steps, e.g., prevailing wage, documentations, testing of US job market by advertisements and SWA job orders of the job are needed. Bona-fide job offer and good faith effort to recruit qualified US workers are key elements of the application process. US employers must test the job market and conclude in good faith that no US wrokers are ready, qualified and available for the job. We can work with employers on this process.
After the permanent application for labor ceertification is approved or certified, an immigrant visa petition, Form I-140 will then be filed with the USCIS by the employer to bring the applicant into the U.S. However, if the applicant is already in the U.S., he or she can apply to adjust his status to that of permanent resident by filing Form I-485 along with the I-140 with the appropriate USCIS regional office.