The EB-3 or Third Preference employment based immigration visa is available to certain foreign nationals as a legal means of remaining in the United States. In this third of a four part series on employment-based visas, we discuss the eligibility criteria for this type of visa.
Each year the United States issues approximately 145,000 EB-3 visas to skilled workers, professionals and unskilled workers employed in the United States. Individuals who are seeking the EB-3 visa must obtain an approved individual labor certification from the United States Department of Labor and have a permanent, full time job offer from an American employer.
There are three sub-categories of workers who may apply for an EB-3 visa: skilled workers, professionals and unskilled workers.
To qualify as a skilled worker, an individual must be able to demonstrate at least two years of job experience or training with respect to a type of work for which there are no qualified workers available in the United States.
Professionals who seek an EB-3 visa must possess a U.S. baccalaureate degree (or its equivalent) and must be performing work for which qualified workers are not available in the United States. The possession of a degree is a mandatory requirement in this category.
Lastly, unskilled workers (also called “other workers”) who are capable of performing unskilled labor in a permanent position may qualify if they are performing work for which qualified workers are not available in the United States. Seasonal or temporary laborers do not meet the criteria for this category of EB-3 visas.
The eligibility requirements for EB-3 visas are generally less stringent than the higher preference EB-1 employment based visas and EB-2 employment based visas. For this reason there is a significantly large backlog of applications for the EB-3 visa particularly with respect to unskilled workers in certain countries including China and India.
Spouses of EB-3 visa holders may enter the United States legally under an E34 (spouse of “skilled worker” or “professional”) or EW4 (spouse of an “other worker”) visa. Minor children of EB-3 visa holders (who are under the age of 18) may also receive visas to remain in the country.
The Philadelphia Immigration Lawyers at Surin & Griffin, P.C. Help Individuals Obtain EB-3 and Other Employment-Based Visas
If you are seeking an employment-based visa, you should seek the assistance of an experienced immigration lawyer in Philadelphia to help guide you through the application process. The dedicated team of attorneys at the Philadelphia immigration law firm of Surin & Griffin, P.C. work tirelessly on the behalf of foreign nationals who are seeking to remain in the United States legally.
With offices conveniently located in Center City, Pennsylvania, our attorneys represent individuals throughout the Philadelphia region. To discuss your current immigration law matter, including issues related to visa applications, deportation and asylum and green cards, contact the Philadelphia immigration lawyers at Surin & Griffin, P.C. today at (215) 925-4435 or contact us online to schedule a confidential consultation.