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Employment-Based Visas -EB-3/Skilled Workers And Others

By: Warren & Associates

The United States uses a worldwide cap on most types of immigration, along with a preference-based system, to control entry of aliens into the U.S. One of the main types of immigrants, that is, persons who intend to stay permanently in the U.S., is employment-based. Within the employment-based preference, the third level of preference is for skilled workers, professionals, and certain other workers.

Who Qualifies As A Skilled Worker?

The requirements to qualify as a skilled worker are lower than those in the EB-1 and EB-2 categories, which cover priority workers, advanced degree holders, and aliens with exceptional abilities. Skilled work is defined as permanent, year-round work that requires at least two years of experience or training to perform. Post-secondary education in the area of work does qualify as training. More information about how to distinguish skilled from unskilled labor is available at the Department of Labor (DOL)

Who Qualifies As A Professional?

To qualify as a professional, an alien must have obtained a U.S. baccalaureate degree or its foreign equivalent. The degree must be in the area that is typically required for the profession in which the alien will be engaged. An alien may not substitute work experience for the requisite degree.

Who Qualifies As An "Other Worker"?

The "other worker" category includes workers in jobs that do not require at least two years of experience, education, or training. Because of the use of the worldwide cap and preference system to assign visas and the relatively low preference for "other workers," there is a substantial wait to obtain a visa in this category.

How Do I Apply?

Aliens do not file their own applications for EB-3 visas. Instead, their prospective employers file petitions for them at a U.S. Citizenship and Immigration Services (USCIS) regional center. All petitions must be accompanied by both a written, full-time, permanent job offer and a DOL individual labor certification.

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