Martin Lawler is an immigration attorney from San Francisco, California and is an authority on United States immigration policies and EB-3 visas. The employment based visa programs were developed by the United States Citizenship and Immigration Services department to provide possibilities to immigrants who could also offer benefits to the United States. There are 5 total employment based visa programs, EB-1 through EB-5. The EB-3 Visa is the focus of this article with feedback from Martin Lawler.

 

Question for Lawler and Lawler: What is the EB-3 Visa?

The EB-3 visa is available to skilled workers, professionals, or other qualified workers.

 

EB-3 Visa for Skilled workers:

Lawler and Lawler stated, “to be considered a skilled worker you must be a person whose job requires a minimum of two years of work experience or training to qualify.” This means temporary and jobs that are seasonal in nature do not qualify as skilled workers for the purposes of this visa program. Another eligibility criteria for the EB-3 visa is that the work that you are qualifying for is not currently being filled by workers from the United States. To prove that you are a skilled laborer you must present a labor certification and also have a permanent and full time job offer.

EB-3 Visa for Professionals

To be considered a professional by the USCIS a person must have a job that requires a baccalaureate degree or equivalent to qualify as a candidate of that profession. Similar to the skilled worker position, the job that you are qualifying for cannot be filled by workers from the United States who will be given preferential treatment. To prove that you are a professional you must present your baccalaureate degree or foreign degree equivalent and show that the degree is a requirement for the job that you are applying for. Lawler shared that, “education and experience cannot be substituted for a baccalaureate degree for the EB-3 visa.” Alongside the proof of your degree you must also hold a valid labor certification and a permanent full time job offer.

EB-3 Visa for Unskilled Workers

The other worker’s category is for people who are not considered skilled workers in terms of the 2 years of experience, but the job that they will be fulfilling is NOT a temporary or seasonal position. They will be considered for the EB-3 Visa if the position that they are filing for is not currently able to be filled by qualified workers from the United States. Like the previous examples, a valid labor certification as well as a permanent full time job offer are required to qualify for the EB-3. The Unskilled workers position has less qualifications for acceptance, but because of this there is also a large backlog of visa applications in this category.

 

What paperwork is necessary?

Martin Lawler made it clear that all of the forms required the U.S. Department of Labor’s Labor Certification form ETA-9089 to apply for the EB-3 visa. Alongside the labor certification form the employer must submit Form I-140 which is the Petition for Alien Worker form. The employer must be able to prove that they will be able to pay you for the job offered through tax returns, financial statements, or annual reports that indicate income.

 

Question for Martin Lawler: Is the Family of an EB-3 visa holder allowed?

Yes. The spouse of an approved EB-3 visa holder is allowed into the United States as well as your children who are under the age of 21 years old although they will also have to apply under their respective classification.

  • E34 – Spouse of a skilled worker or professional
  • EW4 – Spouse of an other worker
  • E35 – Child of a skilled worker or professional
  • EW5 – Child of an other worker