EB-3 Category

The Third Preference Category

  • Professionals;
  • Skilled workers; and
  • Other workers

Immigration Solutions Group, PLLC (”ISG”) has a track record of success in helping clients obtain permanent residence through this category which consists of both professionals and skilled workers.  More specifically, the category includes foreign national professionals with bachelor degrees not qualifying for a higher preference category; foreign national skilled workers (with a minimum two years training and experience); and other workers.

In this category, the intending U.S. employer must obtain a labor certification.  The common requirement for each subcategory is that the offered job must require a person with the stated qualifications (skilled work, membership in a profession, unskilled work) and the alien must have the required qualifications. For example, a member of one of the professions who holds a bachelor’s degree would not qualify for EB-3 status if the proffered employment did not require a person with that qualification.

Professionals

Professionals must hold a U.S. baccalaureate degree or foreign equivalent degree that is normally required for the profession.  Education and experience may not be substituted for the degree.  Member of the professions include architects, engineers, lawyers, physicians, surgeons, and teachers in elementary or secondary schools, colleges, academies, or seminaries, as well as those working in any other occupation for which a United States baccalaureate degree or its foreign equivalent is the minimum requirement for entry into the occupation.

Skilled Worker

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 Labor Certification states the job requirements, which determine whether a job is skilled or unskilled. For more information, please see the Department of Labor’s Employment and Training Administration Website.  Skilled worker means one capable of performing labor that requires at least two years of training or experience.

Other Workers

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.   Other workers include all beneficiaries with lower credentials than skilled workers who perform unskilled labor.