EB-3 Immigrant Visas

EB-2 immigrant visas are available in three different categories: for "skilled workers," for "professionals, "and for "other workers."

Skilled Workers

Skilled workers are individuals whose job requires a minimum of 2 years of training or work experience, not of a temporary or seasonal nature.

Professionals

Professionals are defined as workers whose requires at least a U.S. baccalaureate degree or a foreign equivalent, and proof that the baccalaureate degree is the normal requirement for entry into the profession. Importantly, education and experience cannot be substituted for the baccalaureate degree requirement.

Other Workers

This subcategory is for persons performing unskilled labor requiring less than 2 years training or experience, not of a temporary or seasonal nature. 

Sponsoring employer requirement

For an EB-3 visa, an employer is required to file the petition. The employer must demonstrate the ability to pay the offered wage via appropriate business documentation, such as annual reports, tax returns, or audited financial statements.

Benefits for family members

Spouses and minor children under 21 of EB-3 visa holders may also be admitted. Spouses of EB-3 holders may apply for and receive their own work permits.

Labor Certification requirement

For the EB-3 visa categories, the applicant must be sponsored by a petitioning U.S. employer.  Moreover, that U.S. employer must complete a processed called "labor certification." This process must prove two things:  (1) there are not sufficient U.S. workers able, willing, qualified and available to accept the job opportunity in the area of intended employment; and (2) employment of the foreign worker will not adversely affect the wages and working conditions of similarly employed U.S. workers.