EB-3 Eligibility Requirements

The EB-3 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 the eligibility requirements for the EB-3 classification are less strict than the EB-1 and EB-2 classifications, you should be aware that a long backlog exists for visas in the "other workers" category. The regulations for EB-3 workers are found in the US Code of Federal Regulations at 8 CFR § 204.5.

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 US Department of Labor's Labor Certification Form states the job requirements, which establish whether a job is skilled or unskilled.

Professionals must hold a U.S. baccalaureate degree or comparable foreign equivalent degree normally required for the individual's 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.

Application Procedures

Your employer must file a USCIS Form I-140 petition. All I-140 EB-3 petitions require a labor certification from the US Department of Labor and a permanent, full-time job offer. There are no exceptions.