- Professionals
with a baccalaureate degree (not qualifying for a higher preference
category)
- Skilled
workers (minimum two years training and experience)
- Other workers
(requiring less than two years' training or experience)
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.
Skilled worker positions are not seasonal or temporary and
require at least two years of experience or training. The training
requirement may be met through relevant post-secondary education.
The Form ETA-750
(Labor Certification) states the job requirements, which determine
whether a job is skilled or unskilled. For more information, please
see the Department
of Labor's Employment and Training Administration Website.
Other workers are in positions that require less than two
years of higher education, training, or experience, such as an
unskilled worker who can perform labor for which qualified workers
are not available in the United States. However, due to the long
backlog, a petitioner could expect to wait many years before being
granted a visa under this category. See The Preference System
and Immigrant
Visa Numbers for more information.
Application Procedures
Your U.S. employer
must file an USCIS 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. Additional guidance relating to Department
of Labor requirements is found at the Department
of Labor's Employment and Training Administration Website.
For more information, return to: Employment Immigration
The information provided
in this website is not legal advice and should not be interpreted
as legal advice. This website is intended to provide a basic understanding
of this information in summary form. This information may not be
comprehensive, is subject to change, and may not apply to all individual
circumstances. Any information received here should be confirmed
with the appropriate government agencies or with an attorney, particularly
as it relates to your individual circumstances. Your use of this
website indicates your agreement to be bound by our Terms
of Use.
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