EB-3 Skilled Workers, Professionals and Other Workers

The third employment-based preference classification includes:

♦  Foreign nationals with at least two years of experience as skilled workers;

♦  Professionals with a baccalaureate degree; and

♦  Other workers with less than two years experience, such as an unskilled worker who can perform labor for which qualified     workers are not available in the United States.

While eligibility requirements for the EB-3 classification are less stringent than the EB-1 and EB-2 classifications, individuals should be aware that a long backlog exists for visas in the “other workers” category.

(Links to headings below)
General Requirements and Qualifications
Petition Document Requirements
Numerical Limits
Helpful Links

General Requirements and Qualifications

  • 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.
  • 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.
  • Other workers are in positions that require less than two years of higher education, training, or experience. However, due to the long backlog, a petitioner could expect to wait many years before being granted a visa under this category.

Petition Document Requirements

A petition for permanent resident status must be filed at the USCIS Regional Service Center that has jurisdiction over the place where the individual will work.  EB-3 petitions must generally be accompanied by an approved, individual labor certification from the Department of Labor. Please see the Department of Labor’s Employment and Training Administration for more information.

Numerical Limits

The annual cap on EB-3 visas is 37,520, plus any visas left over from the first and second employment based preference categories.

Department of State’s Visa Bulletin

Regulations at 8 CFR § 204.5

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