Immigrant Visa EB3
The EB3 visa is an employment-based immigrant visa, classified as a third preference visa, intended for skilled workers, professionals, and other workers, such as:
Unskilled Workers (Other Workers)
This refers to a foreign national who is capable, at the time of petitioning for this classification, of performing unskilled labor (requiring less than two years of training or experience), that is not of a temporary or seasonal nature, and for which qualified workers are not available in the United States.
Professionals
This category is for a qualified foreign national who holds at least a U.S. bachelor’s degree or a foreign equivalent degree and is a member of the professions.
Skilled Workers
This refers to a foreign national who is capable, at the time of petitioning for this classification, of performing skilled labor (requiring at least two years of training or experience), that is not of a temporary or seasonal nature, and for which qualified workers are not available in the United States. Relevant post-secondary education may be considered as training for the purposes of this provision.
The distinction between skilled workers and other workers or unskilled workers
Is based on the training and/or experience requirements imposed on the job by the prospective employer, as certified by the Department of Labor. In the case of an occupation listed on Schedule A or an occupation with shortages within the Labor Market Pilot Program, the petitioner must demonstrate to the director that the job is a skilled job, i.e., one that requires at least two years of training and/or experience.
FAQS
The processing time for an EB-3 visa application can vary based on several factors, including the workload of the U.S. Embassy or Consulate, the availability of immigrant visas, and the complexity of the application. In general, the process can take several months or even years.
Yes, immediate family members, such as spouses and unmarried children under the age of 21, may be eligible to accompany EB-3 visa holders to the United States as dependents. They can apply for derivative visas to join the principal EB-3 visa holder.
EB-3 visa holders enjoy labor rights similar to those of U.S. citizens and legal permanent residents, including the right to minimum wage, safe working conditions, and basic labor protections. However, it is important to consider any specific restrictions imposed by the employer or applicable labor laws.
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