Professionals, Skilled Workers, and Unskilled Workers
EB-3 Green Card Visas are for foreign nationals who wish to live and work in the United States on a permanent basis. Demand for these visas is very high, but there are only 40,000 EB-3 visas granted each year.
There are three (3) distinct categories of individuals who may apply for EB-3 visa status.
All of these subcategories require a labor certification and a full-time job offer. The foreign national must be performing work for which qualified workers are not available in the United States and they must meet any other requirements specified on the labor certification.
To qualify under the “professionals” subcategory, the foreign national must demonstrate that they possess a U.S. baccalaureate or foreign equivalent degree, and that a baccalaureate degree is the normal requirement for entry into the occupation.
In order to qualify for EB3 visa status under this sub-category, the immigrant must be able to demonstrate that they possess at least 2 years of job experience, education or training that meets the job requirements specified on the labor certification.
Unskilled Workers (Other Workers)
Under this subcategory, the foreign national must be able to demonstrate the ability to perform unskilled labor (requiring less than 2 years training or experience), that is not of a temporary or seasonal nature. (Unskilled workers of a temporary or seasonal nature should see our H-2B visa page.)
EB3 green card visas must usually be accompanied by an approved, individual labor certification from the Department of Labor (DOL) on ETA Form 9089.
An approved permanent labor certification application demonstrates that:
- The petitioner tested the labor market in the geographic area where the permanent job offer is located to establish that there are no able, qualified, and available U.S. workers who are willing to accept the permanent job offer; and
- The employment of the beneficiary will not adversely affect the wages and working conditions of similarly employed U.S. workers.
The approved labor certification is not evidence that DOL has certified that the beneficiary named on the permanent labor certification qualifies for the position. Only USCIS has the authority to determine qualifications for nonimmigrant and immigrant classifications. An approved labor certification means that the petitioner made a good faith effort to test the labor market and demonstrated to DOL that there were no qualified, able, and available U.S. workers for the position.
Strict Validity Period for Labor Certification
The validity period for individual permanent labor certifications is 180 days. Petitioners have 180 calendar days after the date of approval of the permanent labor certification application by DOL within which to submit the permanent labor certification in support of a petition with USCIS.
USCIS rejects petitions that require an approved permanent labor certification if the permanent labor certification has expired or if the petition is filed without the approved permanent labor certification. USCIS denies a petition that was inadvertently accepted without a required, valid permanent labor certification.
- PERM Process
- Labor Certification Process
- Your employer must file Form I-140
- Responses to RFEs
- File for Adjustment of Status
Spouse and Children
If the I-140 petition is approved, the employee’s spouse and unmarried children under the age of 21 may be eligible to apply for admission to the United States in E34, EW4 and E35 immigrant statuses.
WE CAN HELP!!
If you are interested in applying for or learning more about EB3 green cards or how you can live and work in the United States in general, contact the The Scott Law Firm and speak with one of the experienced immigration attorneys in our employment-based immigration department today!
You can reach us online or by phone at 225-396-5262.
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