Third Preference EB-3
You may be eligible for this immigrant visa preference category if you are a skilled worker, professional, or other worker.
• “Skilled workers” are persons whose job requires a minimum of 2 years training or work experience, not of a temporary or seasonal nature
• “Professionals” are persons whose job requires at least a U.S. baccalaureate degree or a foreign equivalent and are a member of the professions
• The “other workers” subcategory is for persons performing unskilled labor requiring less than 2 years training or experience, not of a temporary or seasonal nature.
- Skilled Workers: You must be able to demonstrate at least 2 years of job experience or training. You must be performing work for which qualified workers are not available in the United States. Labor certification and a permanent, full-time job offer required.
- Professionals: You must be able to demonstrate that you possess a U.S. baccalaureate degree or foreign degree equivalent, and that a baccalaureate degree is the normal requirement for entry into the occupation. You must be performing work for which qualified workers are not available in the United States. Education and experience may not be substituted for a baccalaureate. degree. Labor certification and a permanent, full-time job offer required.
- Unskilled Workers (Other Workers): You must be capable, at the time the petition is filed on your behalf, of performing unskilled labor (requiring less than 2 years training or experience), that is not of a temporary or seasonal nature, for which qualified workers are not available in the United States. Labor certification and a permanent, full-time job offer required.
Note: While eligibility requirements for the third preference classification are less stringent, you should be aware that a long backlog exists for visas in the "other workers" category. See the “Department of State: Visa Bulletin” page.
U.S. Department of Labor – Labor Certification
Third preference petitions must generally be accompanied by an approved, individual labor certification from the Department of Labor on Form ETA-9089. In some cases, the petition may be submitted to U.S. Citizenship and Immigration Service (USCIS) with an uncertified ETA-9089 for consideration as Schedule A, Group I. For more information, see the “Department of Labor: Foreign Labor Certification” page.
Your employer (petitioner) must file a Form I-140, Petition for Alien Worker. As part of the application process, your employer must be able to demonstrate an ability to pay the offered wage as of your visa priority date. Your employer may use an annual report, federal income tax return, or audited financial statement to demonstrate an ability to pay your wage.
For more information on filing fees, see the “File My Application Online” link to the right.
Family of EB-3 Visa Holders
Your spouse may be admitted to the United States in E34 (spouse of a “skilled worker” or “professional”) or EW4 (spouse of an “other worker”). During the process where you and your spouse are applying for permanent resident status (status as a green card holder), your spouse is eligible to file for an Employment Authorization Document (EAD). Your minor children (under the age of 21) may be admitted as E35 (child of a “skilled worker” or “professional”) or EW5 (child of an “other worker”).
Hiring an Immigration Attorney to Assist in Your Adjustment of Status Matter
EB-3 can seem overwhelming, given the complexities of the procedures, the exact legal status of a non–permanent United States resident and the documentation requirements.
Unless a person seeking an adjustment of status is prepared to educate themselves on the detailed nature of becoming a permanent resident, their best option may be to hire a qualified immigration attorney, who can do all the necessary work to make sure that the process runs smoothly and that the legal requirements are met without undue delay or confusion.
If you or someone you know is interested in obtaining an EB-3, Providence and Boston, immigration attorney George Barsom of the Barsom Law Group can help. Furthermore, because immigration law is federal law, he can handle Adjustment of Status applications for U.S. residents living in any state, not merely the State of Rhode Island and Massachusetts.
Mr. Barsom is fluent in Arabic and the Barsom Law Group has access to attorneys who are fluent in Spanish, Italian, and Portuguese.
The Barsom Law Group can give you and your family members peace of mind in undertaking this difficult and potentially frustrating and time-consuming task. Once hired, the Barsom Law Group will take over the application process from beginning to end, keeping clients informed, and taking the stress out of the process. If you need assistance handling an adjustment of status, contact the Barsom Law Group.
Boston and Providence Immigration Lawyer -- 401-400-7222 -- Schedule a Consultation Book Online