EB-3
visas for Professionals
A candidate may be eligible for an employment-based, third preference category if he is a 1) skilled worker 2) professional, or 3) other worker.
Most of our clients utilize the EB-3 Professional category. “Professionals” are “persons whose job requires at least a U.S. baccalaureate degree or a foreign equivalent and are a member of the professions.”
To qualify under this category the following conditions apply:
Foreign national possess a U.S. baccalaureate or foreign equivalent degree, and a baccalaureate degree is the normal requirement for entry into the occupation. (education and experience may not be substituted for a baccalaureate degree)
Qualified workers are not available in the United States.
Foreign national must meet any other requirements specified on the labor certification.
Labor certification and a permanent, full-time job offer are required
What is a Labor Certification?
The labor certification verifies the following:
There are insufficient available, qualified, and willing U.S. workers to fill the position being offered at the prevailing wage
Hiring a foreign worker will not adversely affect the wages and working conditions of similarly employed U.S. workers
The labor certification is valid only as long as three things remain unchanged: the foreign worker continues to work (1) for the same employer; (2) at the same location; and (3) doing the same job.
Upon receiving an approved labor certification from The Department of Labor, we prepare the immigrant visa petition, which will be signed by the employer and submitted to U.S. Citizenship and Immigration Services along with the approved labor certification. This may be filed concurrently with an Adjustment of Status if a visa is available based on the employee’s country of birth.