EB3 Visa Eligibility
You may eligible for an EB3 visa if you are a skilled or other worker as well as professional. Your spouse and children under the age of 18 may be admitted to the United States. 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). Third preference petitions must generally be accompanied by an approved, individual labor certification from the Department of Labor.
In order to qualify as a skilled worker under the EB3 program, you must:
- Be able to show at least 2 years of job experience/training
- Be performing work for which qualified workers are not available in the U.S.
- Have a permanent, full-time job offer and labor certification
In order to qualify as a professional under the EB3 program, you must:
- Be able to show that you possess a U.S. bachelor’s degree or a foreign degree that is equivalent
- Be performing work for which qualified workers are not available in the U.S.
- Have a permanent, full-time job offer and labor certification
Experience and education may not be substituted for a bachelor’s degree
In order to qualify as an unskilled worker (other worker) under the EB3 Visa, you must:
- Be capable of performing unskilled labor (which requires less than 2 years experience) that is not seasonal or temporary in nature, for which qualified workers are not available in the U.S.
- Have a permanent, full-time job offer and labor certification
Retaining a EB3 visa lawyer with experience and knowledge of the process is absolutely necessary when handling such important visa matters.