EB-3 Skilled or Professional Workers

The EB-3 classification is open to foreign nationals with at least two years experience as skilled workers, professionals with bachelors' degrees and the following:

• Professionals with Bachelor's degrees who do not qualify for either categories EB-1 and EB-2, or
• Aliens with at least two years of experience as skilled workers, professionals with a baccalaureate degree, or
• Unskilled Workers who can contribute abilities unavailable in the US

How do I apply for the EB-3?

Your employer should file-in USCIS Form I-140 Petition for Alien Workers with the USCIS Regional Service Center that has jurisdiction over the location of your employment. EB-3 petitions also require an approved Labor Certification (Form ETA-750) from the Department of Labor.

What experience must I have?

If you are a Skilled worker, you should have at least two years experience, either through hands-on experience or through post-secondary education.

If you are a Professional worker, you should have either a U.S bachelor's degree or a foreign equivalent degree.

The Labor Certification Process: For EB-2 and EB-3

What is the Labor Certification Process? An employer (your petitioner) who is sponsoring you (the beneficiary) is in either an EB-2 or EB-3 candidate. Your employer must complete an Application for Permanent Employment Certification by filing (Form ETA 9089) for you.

Once the application is complete, it must be filed with the Department of Labor's Employment and Training Administration. The Department of Labor will either approve or deny the certification request. The labor certification is a process which shows that your new job will not take jobs away from U.S. workers. It is possible that you may be able to show that your job is in the national interest. If so, then you can skip the labor certification process. Note: The Labor Certification process is a detailed process and should only be handled by an attorney with many years experience with this type of petition. Any mistakes can cause serious delays and the denial of your petition.

Once the labor certification application is granted, your I-140 can be filed with the USCIS by your employer to allow you into the United States.

Already in the United States? Then, the process is a little different; you can now adjust your status to legal permanent residence by filing Form I-485 along with the I-140 with the appropriate USCIS branch office. Be careful, this is a difficult legal process which should be handled by an attorney. Contact my office for personal and professional guidance.