EB 3: Employment-Based, Third Preference Immigration

Brief Introduction 

• Significant difference between EB-2 and EB-3 – EB2 is for people with advanced degrees/exceptional ability, while EB-3 is more based on work experience or holding a bachelor’s degree/foreign equivalent
• Eligible for this preference category if you are a skilled worker, professional, or other worker
• Skilled worker = persons whose jobs requires a minimum of 2 years training or work experience
• Professional = persons whose jobs requires at least a US baccalaureate degree or a foreign equivalent and are a member of their professions
• Other = persons performing unskilled labor requiring less than 2 years training or experience
• Labor certification is usually required though the petition may be submitted to the USCIS with an uncertified ETA-9089 for consideration as Schedule A, Group 1 

Process 

• Employer must file a Form I-140, Petition for Alien Worker
• Employer must be able to demonstrate an ability to pay the offered wage as of your visa priority date
• Annual reports, federal income tax return, or audited financial statements can be used