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Employment-Based Green Card for Skilled Workers

You may be eligible for this immigrant visa preference category if you are a skilled worker, professional, or other workers. Learn more about the eligibility and requirements for an EB-3 visa.

The EB-3 Green Card is a permanent residence category based on work. Workers that are competent, professional, or “other” fall into the third preferred group. Those with a bachelor’s degree or its international equivalent are referred to as “professionals.”

“Skilled” is defined as someone who has worked in a certain occupation that needs at least two years of training. In comparison to the EB-1 and EB-2 categories, the EB-3 Green Card has less stringent qualifying conditions, but there are more qualified candidates.

Requirements for EB-3 Visa
Several immigrant visa categories are based on employment. Your education, skills and work experience are some of the factors used to determine if you are eligible for a specific type of employment-based visa.

Specific requirements for each specific category,

Who is Eligible for the Third Preference: EB-3 Visa?

Skilled Workers
- You must be able to demonstrate that you possess at least 2 years of job experience, education, or training that meets the job requirements specified on the labor certification.

- Relevant post-secondary education may be considered as training.

- You must be performing work for which qualified workers are not available in the United States.

Professionals
- You must demonstrate that you possess a U.S. baccalaureate or foreign equivalent degree, and that a baccalaureate degree is the normal requirement for entry into the occupation.

- You must be performing work for which qualified workers are not available in the United States. Education and experience may not be substituted for a baccalaureate degree.

- You must meet any other requirements specified on the labor certification.

Unskilled Workers (Other Workers)
- You must demonstrate the ability to perform unskilled labor (requiring less than 2 years training or experience), that is not of a temporary or seasonal nature.

- You must be performing work for which qualified workers are not available in the United States.

- You must meet any other requirements specified on the labor certification.

Application Process for the EB-3 Visa
A Form I-140, Immigrant Petition for Alien Workers, must be filed by your company (petitioner). Your employer must be able to demonstrate a continued ability to pay the promised salary as of the priority date as part of the application procedure. To establish a continued capacity to pay your wage, your company may utilize an annual report, federal income tax return, or audited financial statement.

1. Permanent Labor Certification
"Program for Electronic Review Management" is what this stands for. Your employer will be required to offer proof that you are not displacing a US worker. This can be performed by demonstrating that the company was unable to fill the post with a local candidate (like a newspaper ad in the classified section.)

2. Complete Form I-140
3. Submit the Filing Fees
4. Submit Evidence
5. Sign and File the Form I-140

Family of EB-3 Visa Holders
If your I-140 petition is approved, your spouse and unmarried children under the age of 21 may be eligible to apply for admission to the United States in E34 (spouse of a “skilled worker” or “professional”) or EW4 (spouse of an “other worker”). and E35 (child of a “skilled worker” or “professional”) or EW5 (child of an “other worker”).

Why Legal Help for the EB-3 Visa is Important!
Applying for a US-based Green Card through employment is a huge deal and it’s important to complete your EB-3 visa application correctly to enhance your chances of approval. If you have the opportunity to apply for a Green Card, you should take advantage of legal services so that you can reach your potential. If you already have ingredients like a family member that is a US citizen, or an employer that is willing to petition for you to immigration permanently, you still need to present an application package that will convince immigration officers of your worth.
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