EB-3 Skilled Workers, Professionals, Other Workers

Third Preference: Up to 40,000 visa a year (plus any visas left over from the first and second preference) may be issued to skilled workers, professionals, and other workers. The other workers category covers workers who are “capable of performing unskilled labor,” and who are not temporary or seasonal. Workers in this category are limited to 5,000 visas per year. Skilled workers must be capable of performing skilled labor requiring at least two years of training or experience.

 

1. Eligibility. Professionals, Skilled and Other Workers

Professionals-Requires a baccalaureate degree (or foreign university equivalent) and persons who are members of the professions.

Skilled Workers-Requires a full-time permanent job requiring at least 2 years training or work experience. May not be for a position of temporary or seasonal nature. Relevant post-secondary education may be considered as training.

Other Workers-Means a full-time foreign national who is capable, at the time of petitioning for this classification, of performing unskilled labor (requiring less than two years training or experience) not of a temporary or seasonal nature, for which qualified workers are not available in the United States.

2. Labor Certification and Other Documentation

A Labor certification or evidence that a foreign national qualifies for Labor Market Information Pilot Program.

Any requirements of training or experience for skilled workers, professionals, or other workers must be supported by letters from trainers or employers giving the name, address, and title of the trainer or employer, and a description of the training received of the experience of the foreign national.

  1. Skilled Workers. If petitioning under this category, the petition must be accompanied by evidence that the foreign national meets the educational, training or experience, and any other requirements of the individual labor certification, meets the requirements for Schedule A designation, or meets the requirements for the Labor Market Information Pilot Program occupation designation.
  2. Professionals. If petitioning under this category, the petition must be accompanied by evidence that the foreign national holds a U.S. baccalaureate degree or a foreign equivalent degree and evidence of membership in a profession.
  3. Other workers. If petitioning under this category, the petition must be accompanied by evidence that the foreign national meets any educational, training and experience, and other requirements of the labor certification.

3. Differentiating Between Skilled and Other Workers

Differentiation between skilled or other worker will be based on the requirements of training and/or experience established by the prospective employer, as certified by the Department of Labor. Schedule A occupations or shortage occupations within the Labor Market Pilot Program will required petitioner to establish that the job is a skilled one, which requires at least two years of training/experience.