Your company successfully obtained labor certification for a valued employee and must now proceed to the second and third steps of the permanent residence process. Is the foreign worker eligible for an EB-3 (immigrant) visa?
What are the Requirements to Obtain an EB-3 (Immigrant) Visa?
Labor Certification Application
The U.S. employer must obtain a certified, individual Application for Permanent Employment Certification (labor certification) from the Department of Labor.
*In some cases, the petition may be submitted to USCIS with an uncertified Application for Permanent Employment Certification for consideration as Schedule A, Group I.
The employer filing the Immigrant Petition must be engaging the foreign worker to work in the United States and must have an Internal Revenue Service Tax Identification Number.
The U.S. employer must have an employer/employee relationship with the foreign worker in that it may hire, pay, fire and supervise or otherwise control his/her work.
The position must be permanent and full-time.
Employment Based Third Preference Category (EB-3)
The foreign worker may qualify for the EB-3 category if s/he is either a professional, skilled worker or other worker.
- Professional. The position must require at least a U.S. bachelor degree (or a foreign equivalent degree) and the foreign worker must possess the degree (or a foreign equivalent degree) or the position requires a person who is a member of the professions.
- Skilled Worker. The position must require a minimum of 2 years training or work experience (relevant post-secondary education may be considered training) and the foreign worker must possess the training or work experience.
- Other Worker. The unskilled labor position requires less than 2 years training or work experience.
Foreign Worker’s Credentials
The foreign worker must possess the education, training or work experience required by the employment based category.
The U.S. employer must attest that it will pay the foreign worker at least the prevailing wage and demonstrate an ability to pay the offered wage.
More information about the specific requirements of obtaining an employment (immigrant) visa is available on the employment (immigrant) visa FAQs.
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