EB-3 Professional, Skilled Worker, or Other Worker
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A job offer and an approved labor certification are required for all EB3 cases. Once the I-140 petition for an immigrant worker is granted, the person must wait until the priority date becomes current before an application may be made for adjustment of status to permanent residence. There is a large backlog for this category as it can take years for the priority date to become current.
Priority Date Backlog
As a result of the long backlog for the EB3, it can take years before the priority date becomes current. Foreign nationals who file a petition under the EB3 category often seek to obtain non-immigrant worker visa status in order to work in the US while waiting for the priority date to become current. It is not uncommon that so much time elapses after the filing of the EB3 petition that before the priority date is reached the person may have already achieved a master's degree and now qualifies for the EB2. In this case, it may be wise to apply for the EB2 to take advantage of the smaller backlog and shorter wait time.
The third preference employment-based immigration visa category includes three subcategories: professionals, skilled workers, and other workers.
In order to qualify for the EB3 professional classification, a foreign national must have a US bachelor's degree or foreign equivalent, and that person must be a member of the professions. Evidence of a bachelor's degree must be an official record from a college or university that shows the date that the degree was awarded and the academic area of study. Work experience is not recognized as equivalent toward a degree for the EB3 category. Even a person who is missing only one unit for graduation but has several years of work experience cannot qualify. A three-year foreign bachelor’s degree is not recognized as equivalent to a US bachelor's degree.
In order to establish that the person is a member of the professions, proof must be submitted showing that entry into the occupation requires the minimum of a bachelor’s degree. If a person with less than a bachelor's degree can be accepted for the position, then the position does not qualify for as a profession under the EB3 category.
EB3 Skilled Workers
In order to qualify as a skilled worker, a foreign national must be capable of performing skilled labor, which requires at least two years of training or experience. The position cannot be temporary or seasonal in nature. There must not be qualified US workers available fill the position. Relevant education is also acceptable as training.
EB3 Other Workers
To qualify as an “other worker” means a person who meets the educational and work experience required for the job. This category is for jobs that require less than two years of work experience, training, or college education.
If you have questions about the EB3 third preference employment-based immigration visa category, please contact our immigration attorneys or call The Law Firm of Shihab & Associates at the nearest office close to you to consult with an attorney.
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