The EB-3 visa is for skilled workers, professionals, or unskilled workers. This visa is the third-preference employment-based visa as opposed to the EB-1 and EB-2. A skilled worker is someone whose job requires at least two years of training or work experience. A professional is someone whose job requires at least a bachelor degree and is a member of the profession. An unskilled worker is for someone who would be working in a position that requires less than two years of training or experience, but the position is not temporary or seasonal.
This visa type requires a labor certification from an employer sponsor. The labor certification process is beyond the scope of this article because it is a long process that requires specific timing to get it right and not lose time. The labor certification must be obtained first before filing the I-140 application. An experienced lawyer can help with the labor certification process.
After obtaining the labor certification, you must then prepare the I-140 and attach the labor certification to the application. The employer must be able to demonstrate the ability to pay the offered wage. This process gets into the details of the employer’s finances., including tax returns, financial statements, profit and loss records, and among others.
Family members of the EB-3 holder may be admitted along with the EB-3 holder. The spouse is eligible to file for a work permit.
Please contact us if you wish to discuss this visa type or other options.