Visas for EB-3 Priority Workers: Professionals, Skilled Workers & Other Workers
Foreign nationals seeking to obtain Permanent Residence through employment may do so by qualifying for one of several categories of employment-based immigration. Employment-based immigration generally requires a strong showing that the foreign worker is one of the finest in his/her field OR that there are no qualified U.S. workers to fill the position.
The Third Preference category (EB-3) is an immigrant category that generally requires a strong showing that there are no qualified U.S. workers to fill the position. Thus, a Labor Certification is generally required for all petitions requesting EB-3 classification. Within the EB-3 category, there are three classes that comprise eligible individuals:
- Skilled Workers;
- Other Workers
Immigration Law Associates, PC is well versed and experienced in
preparing EB-3 permanent residence applications on behalf of all
three subcategories of the EB-3 classification of foreign nationals
seeking to offer their talents and skills for employment in the U.S.
Elements of EB-3 Visa Strategy
In general, in order to further understand the strategies related to obtaining EB-3 Permanent Residence, it is crucial that foreign nationals understand what is required in qualifying for the EB-3 category. Thus, it is perhaps best to provide a strategic overview of the three EB-1 subcategories:
- Skilled Workers: Skilled workers are those individuals in positions that require a minimum of two years of training or experience. For immigration and Labor Certification purposes, such experience should be supportable by documentation, such as work experience letters.
- Professionals: Professionals must possess a baccalaureate degree or foreign equivalent, and the petitioning employer must demonstrate that such a degree is normally required for entry into the occupation.
- Other Workers: Other workers include individuals in positions requiring less than two years of higher education, training, or experience.
Recent Trends in INS Adjudications:
- In general, the USCIS has been suspicious of many credential evaluations services as well as letters confirming previous work experience;
- The USCIS has been requesting more thorough financial documentation from petitioning employers to verify that the employer is indeed financially viable (i.e.) able to pay the prevailing wage.
Strategic EB-3 Visa Concepts
Strategic EB-3 Visa Concepts are key ideas that can govern an employer or foreign national's use of the EB-3 immigrant visa category. These ideas are also important considerations that may guide when and if an EB-3 visa might be utilized and whether an employer and/or prospective foreign employee might consider perhaps another immigrant or even nonimmigrant visa category.
- A job offer or labor certification is generally required for the
EB-3 Category. However, exceptions to the labor certification
requirement are available via precertification.
- Any petition filed by a U.S. employer MUST Include evidence that the employer has been able to pay the wage as of the prospective employee's priority date (the date the request for labor certification is accepted for processing at the local office of the employment service agency). Such evidence may consist of the employer's federal income tax returns, audited financial statements, and/or annual finance report.