LoginNews LetterNews02/05/06: H1B visa cap The visa-cap has increased from 80k to 90k in the past year reflecting increasing demand for... (read more) |
EB-3 Eligibility and FilingEB-3 classification includes:Aliens with at least two years of experience as skilled workers; Professionals with a baccalaureate degree; and Other workers with less than two years experience, such as an unskilled worker who can perform labor for which qualified workers are not available in the United States. While eligibility requirements for the EB-3 classification are less stringent than the EB-1 and EB-2 classifications, you should be aware that a long backlog exists for visas in the "other workers" category. The regulations for EB-3 workers are found at 8 CFR § 204.5. Skilled worker positions are not seasonal or temporary and require at least two years of experience or training. The training requirement may be met through relevant post-secondary education. The Form ETA-750 (Labor Certification) states the job requirements, which determine whether a job is skilled or unskilled. For more information, please see the Department of Labor\'s Employment and Training Administration Website. Professionals must hold a U.S. baccalaureate degree or foreign equivalent degree that is normally required for the profession. Education and experience may not be substituted for the degree. Other workers are in positions that require less than two years of higher education, training, or experience. However, due to the long backlog, a petitioner could expect to wait many years before being granted a visa under this category. See How Do I Get an Immigrant Visa Number? for more information. Application Procedures Your employer must file a USCIS Form I-140 at the USCIS Regional Service Center that serves the area where you will work. All I-140 EB-3 petitions must include a labor certification and a permanent, full-time job offer. There are no exceptions. Additional guidance relating to Department of Labor requirements is found at the Department of Labor\'s Employment and Training Administration Website. Forms are available by calling 1-800-870-3676, or by submitting a request through our forms by mail system. For further information on filing fees, please see USCIS filing fees, fee waiver request procedures, and the USCIS fee waiver policy memo. Please click here for more information on USCIS offices. |
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