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EB-3: Third Preference Category – Professionals, Skilled and Unskilled Workers

Approximately 28.6% of employment based immigrant visa plus any used visas available for EB-1 and EB-2 are granted each year to applicants of this preference category. The employment offered under this category cannot be temporary or seasonal. There are three subgroups within this category:

  1. Professionals: Individuals whose employment requires at least a bachelor degree from a higher education institution in the United States or its foreign equivalent. A bachelor degree is required; education and training may not substitute this requirement. The applicant must have a permanent full time employment offer and a labor certification must accompany the petition.
  1. Skilled Worker: Individuals whose employment requires a minimum of two years work experience or training. You must demonstrate at least two years of training or job experience. The applicant must have a permanent full time employment offer and a labor certification must accompany the petition.
  1. Unskilled Workers: Individuals capable of performing employments that require less than two years of work experience or training. At the time the petition is filed on your behalf, you must have the ability to perform such unskilled labor. The applicant must have a permanent full time employment offer and a labor certification must accompany the petition. While the requirement for this subcategory is low, please be aware that there is a long wait for existing applications to be approved.

Spouse and children of a EB-3 visa holder may also be admitted to the United States. After arrival to the United States and while in the process of applying for an adjustment of status or green card, an EB-3 visa holder and his/her spouse will be eligible to apply for employment authorization.

The petitioning employer must be able to demonstrate the ability to pay the wages stated in the job offer as of the petitioning date. To do so, the employer may use an annual report, federal income tax return, or audited financial statement to demonstrate the ability to pay.

Contact Kristy Qiu, Esq., a knowledgeable Fort Lauderdale Immigration Attorney to find out the approximate wait time and availability of visa for each preference category.

 

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