EB-3: Skilled, Professional and Other Workers
  • Employer - Required
  • Labor Certification - Required, unless specifically noted below in a given category
While eligibility requirements for the EB3 are less stringent than the EB1 and EB2 classifications, long backlog exists for visas in the EB3 category.

Premium processing is available.

Employment based category 3 is further divided into several categories.

Skilled Workers
Positions that are not seasonal or temporary and require at least two years of job experience, an undergraduate degree, vocational training apprenticeship in a trade. The training requirement may be met through relevant post-secondary education. Job requirements stated in Form ETA-750 (Labor Certification) determine whether a job is skilled or unskilled. For more information, please see the Department of Labor's Employment and Training Administration.

Documents for Petition
  • A labor certification.

  • Evidence that the alien meets the educational, training, or experience and any other requirements of the labor certification.

Professional Workers
Professionals must hold a U.S. bachelor's degree or foreign equivalent degree that is normally required for the profession (such as engineering, computer science etc.) or Workers with a bachelor's degree in a profession (for example, equivalent job experience as determined by a professional association). This category is for aliens who don't qualify for EB2 category (Master's degree or equivalent which is Bachelor's degree + five years of progressive experience). Having a bachelor's degree is not enough, the job also must require a bachelor's degree. Qualifying jobs for this category are similar to the specialty occupation for H-1B.
Education and experience may not be substituted for the degree.

Documents for Petition
  • A labor certification.

  • Evidence that the alien holds a U.S. bachelor's degree or equivalent foreign degree; and

  • Evidence that a bachelor's degree is required for entry into the occupation.

Other (Unskilled) Workers
Other workers with less than two years of higher education, training, or experience, such as an unskilled worker who can perform labor for which qualified workers are not available in the United States. Job must require that training or experience. Labor certification is difficult to get in this category. However, due to the long backlog (as they are limited to 10,000 visas per year), a petitioner could expect to wait many years before being granted a visa under this category.

Documents for Petition
  • A labor certification.

  • Evidence that the beneficiary meets any education, training, or experience requirements required in the labor certification.

Special Classes
In addition to the categories described above, there are several classes of workers who are treated differently:
  • Schedule A Waivers: Some occupations, both skilled and unskilled, for which there is a known shortage of U.S. workers come under Schedule A. In order to apply for a Schedule A waiver, the employer must submit labor certification form ETA-750 in duplicate describing that the occupation is listed under Schedule A and hence it is exempt from normal labor certification process.

    When filing for a Schedule A/Group I or II occupation, the petitioner must include evidence of having complied with the Department of Labor regulations which require that the position(s) be properly posted for a minimum of ten consecutive days.

    Labor certification is not required.

  • Schedule B Occupations: Some occupations (both skilled and semi-skilled) already have over supply of labor in the United States. Getting labor certification is extremely difficult under this category unless your employer can strongly prove that you are much better than others because of your unique abilities, foreign language skills, business connections etc.

  • Physical Therapists and Professional Registered Nurses: Nurses must be licensed to practice nursing in the state in which they reside or plan to reside and be graduates of an accredited nursing school in the United States or Canada (or have passed their CGFNS; Commission on Graduates of Foreign Nursing Schools examinations). Physical therapists do not need to be licensed, but must meet the qualifications for a license from the state.

    Labor certification is not required.

Procedure