EB-3

EB-3 Third Preference Category Immigrant Petition

The Third Preference Immigration Petition (EB-3)  is an employment-based petition for permanent residence for an alien who is a skilled worker, professional, or other worker.

Generally, the EB-3 category requires an offer of employment and an accompanying labor certification. 8 C.F.R. Section 204.5 (l)(3)(i).

Skilled Workers

Skilled worker is defined as “an alien who is capable, at the time of petitioning for this classification, of performing skilled labor (requiring at least two years training or experience), not of a temporary or seasonal nature, for which qualified workers are not available in the United States.” 8 C.F.R. Section 204.5 (l)(2).

Professionals

Professional is defined as “a qualified alien who holds at least a United States baccalaureate degree or a foreign equivalent degree and who is a member of the professions.” 8 C.F.R. Section 204.5 (l)(2).

Other Workers

Other worker is defined as “a qualified alien who is capable, at the time of petitioning for this classification, of performing unskilled labor (requiring less than two years training or experience), not of temporary or seasonal nature, for which qualified workers are not available in the United States. 8 C.F.R. Section 204.5 (l)(2).

Procedure

The first step of the EB-2 immigrant petition is the PERM process. We refer you to our PERM page for those details.

Once the PERM is certified, the immigrant petition is filed.