Monster.com: EB-3 Visas for Skilled and Unskilled Workers


	Accommodation Healthcare Transportation Culture/Language Education System Job Q&As


	ABCs of Immigration Citizenship


	Employment Scene Workplace Culture Finding a Job Resumes & More The Interview


	Currency Converter City Tours Moving Planner Cost of Living Calculator

EB-3 Visas
For Skilled Workers, Professionals and Unskilled Workers

A variety of workers, from engineers with bachelor's degrees to unskilled laborers, may be admitted to the US under the EB-3 visa. It is something of a catchall category, devoted to skilled workers, professionals and unskilled laborers. Regardless of education and experience, anyone applying for this visa must have one thing: A firm job offer in the US.

The EB-3 belongs to a large category of employment-based immigrant visas. The Immigration and Naturalization Service (INS) grants 140,000 EB visas each year, including one for immigrant investors (the EB-5) and one for individuals of exceptional ability (the EB-2). The EB-3 visa, like the EB-1 and EB-2, requires that the individual be offered a full-time, permanent position in the US. The number of EB-3 visas available depends, in part, on the number of EB-1 and EB-2 visas granted. The INS allots 120,000 visas for the EB-1, EB-2 and EB-3 categories. Forty thousand visas, plus any remaining from the other two categories, are available for EB-3 applicants.

A Simple Matter? Not Quite.

Although the EB-3 visa is available to individuals with a variety of backgrounds, it does not mean it is simple to receive. The EB-3 -- like the EB-1 and EB-2 -- requires the following:

The alien must be offered a full-time, permanent position in the US.

The Department of Labor must certify that there are no available US workers for the position. (This is known as the labor certification.)

The alien must meet the minimum requirements for the position offered, and the employer must be able to pay the salary offered. Professionals with Bachelor's Degrees

To file for an EB-3 visa as a professional, an individual must hold a US bachelor's degree or its foreign equivalent. Can an individual substitute work experience for education when applying as a professional? No. While the INS considers a profession to be a field requiring a minimum of a bachelor's degree, an individual need not have a bachelor's degree in the field in which he or she is offered employment.

Skilled Workers

For a person to qualify as a skilled worker, the position offered must require at least two years' training and experience. The individual filing for the visa must possess the required background for the job. Because of a backlog in the unskilled labor category, it is extremely important that the employer demonstrates to the INS that the skilled position does in fact require at least two years' training and experience.

Other Workers

What exactly is unskilled labor? The Department of Labor defines it as work requiring less than two years' training or experience. Because there is an annual limit of 10,000 EB-3 visas for unskilled labor, there are extreme backlogs -- currently it's about six years.

Applying for the EB-3 Visa

An application for the EB-3 may be filed after the Department of Labor has approved the labor certification. The petition must also include documents showing that the employer has the financial resources to pay the offered wage; at a minimum, it must be the prevailing wage. The petition must also document that the position is within the preference category sought. Finally, evidence must be submitted that the alien meets the job requirements, such as a copy of a bachelor's degree or evidence of work experience.

Material from the immigration law firm of Siskind, Susser, Haas & Devine was used in this report. This information is provided as a public service and not intended as legal advice or the establishment of an attorney-client relationship.