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Employment-Based

EB-3 Skilled or Professional Workers

The EB-3 Skilled or Professional Worker visa classification is broken down into three subcategories, which include skilled workers with at least two years experience; professionals with baccalaureate degrees; and, other workers with less than two years experience required for position. There is currently a backlog for EB-3 visas for aliens from every country.

Skilled workers are employees in positions that require a minimum of two years of training or experience. Labor certification is necessary for EB-3 skilled worker petitions, and the employer should carefully draft the ETA-9089 and the job offer in order to qualify the worker as skilled. The employer must consult the O*Net occupations to determine whether the position qualifies as a skilled worker position.

Professionals seeking EB-3 status must possess a baccalaureate degree or foreign degree equivalent, and the petitioning employer must show that such a degree is the normal requirement for entry into the occupation. Unlike the EB-2 immigrant visa and the H-1B nonimmigrant category, there is no provision authorizing degree equivalency based on education and experience at the EB-3 professional level.

Other workers include those whose positions require less than two years of higher education, training or experience. Although there was no backlog in early 2004, there has traditionally been a significant backlog for this subcategory.

Since 2002, USCIS has allowed for concurrent filing of the Form I-140 immigrant visa petition and I-485 adjustment of status application in certain circumstances. Concurrent filing is available if an immigrant visa is immediately available to the foreign national, or would be available if the visa petition were approved on the date of the filing.

Sometimes pursuing multiple employment categories at the same time is advisable. For example, an employer might file immigrant petitions for an EB-1 worker with extraordinary ability and an EB-2 national interest worker. Some employers pursue labor certification while waiting for a decision on a pending EB-1 or EB-2 petition. If your business is considering petitioning for a potential employee, contact The Nuñez Firm to discuss your options today.

< Back to General Employment-Based Immigration Information


I went to Jay looking for help with my residency situation. I had met with several other immigration attorneys but did not feel as though any of them were the right fit for various reasons. I'm only young, I'm twenty-two, so I was worried that some may take my situation lightly and/or not give me their full attention or in some cases try to take advantage of me financially. However, when I walked into Jay's office I felt welcomed and was treated with respect. I gave Jay the rundown on my situation and he offered me some advice and then gave me the opportunity to hire him if I felt it was the right decision for me. I'm glad I made that decision, I now have my green card within only a few months. It was a very quick and painless and inexpensive process thanks to Jay. He was always available to answer questions when I needed and there was nothing I asked of him that he could not help me with. I would absolutely recommend Jay to anyone looking for immigration advice, thanks again Jay!

-Stephen

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Mr. John Nelson helped me get my citizenship when I thought I was going to get deported. He is a very intelligent and honest attorney. He knows his stuff and will be straight up with you. Stop going to those notaries that rip you off. And stop going to those attorneys that keep on promising things they can't deliver. Do your research and you'll see that the attorneys at Nelson & Nunez are no joke - the best immigration attorneys around. I would recommend them any day!

-Christine J.

EMPLOYMENT/INVESTOR SERVICES


General Employment Based Immigration Information
Employment Based Visas
Labor Certification / PERM
H-1B Visas, Transfers & Extensions
L-1 Intra Company Transfer
O-1 Extraordinary Abilities Visas
P-1 Visas
TN Free Trade NAFTA Visas
E-1 Treaty Traders
E-2 Non-Immigrant Investor Visa
E-3 Visa for Australians
EB-1 Priority Workers
EB-2 Professionals with Advanced Degrees
EB-3 Skilled or Professional Workers
EB-4 Religious Worker Green Card
EB-5 "Million Dollar" Investor Green Card


How Nelson & Nuñez, P.C. Can Help

 

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