Immigrant Classifications - Employment-Based

Skilled Workers, Professionals and Other Workers, EB-3

Section 203(b)(3) of the Immigration and Nationality Act ("INA") permits the issuance of immigrant visas to aliens who are skilled workers, professionals or other workers. Foreign nationals or their U.S. employers may seek EB-3 classification for the worker through filing an I-140 petition. Skilled worker, professional and “other worker” I-140s fall under the employment-based third preference category ("EB-3") in the visa bulletin. While all three classifications fall under EB-3, they are separate classifications. The I-140 Form requires that the petitioner select which of the three EB-3 classifications the petitioner seeks on behalf of the beneficiary. If the wrong box is inadvertently selected, the petition will be denied. All EB-3 petitions require that the employer first obtain a labor certification from the Department of Labor, certifying that U.S. workers are not available to perform the job.

Skilled Workers

A skilled worker is one who is capable of performing skilled labor which requires at least two years of training (including post-secondary education) or experience. The petitioner must require such training or experience, at a minimum, for entry into the job, and the beneficiary must possess the training or experience on or before the date on which the labor certification is filed.

Professionals

A professional is someone who holds a U.S. baccalaureate degree or foreign equivalent and seeks to fill a job requiring the same. Again, the petitioner must not only require the degree for entry into the job, but the beneficiary must also possess the required degree on or before the date on which the labor certification is filed.

Other Workers

Other workers are those who are capable of performing unskilled labor, requiring less than two years of training or experience. If any training or experience is require for the role, then the petitioner must not only require it for entry into the job but the beneficiary must also possess the required training prior to the filing of the labor certification. As with most I-140 petitions, EB3 I-140 petitions must be accompanied by evidence of the petitioner’s ability to pay the required wage to the beneficiary in the form of a federal income tax return, audited financials or an Annual Report filed with the Securities & Exchange Commission.

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