EB-3 visa

In this article you will find 2020 information for the EB-3 visa category. This US immigrant visa is just one of the ones you will find in our complete guide with the main American visas.


In addition to the information in the article, you should know that you have the legal support of the best immigration lawyers in Los Angeles. You are just one call away from solving your questions.

Subcategories for the third preference EB-3 visa 

This immigrant visa includes skilled workers, professionals, and other workers. We will explain these terms below under the concept of US law.

  • Skilled workers: Refers to those individuals where their job requires a minimum of 2 years of work experience or training. This will not be temporary or seasonal in nature.
  • Professionals: These are people whose job requires at least a US bachelor’s degree or the equivalent abroad. You are also required to be a professional.
  • Other workers: The term refers to those individuals who perform unskilled labor that requires at least 2 years of experience or training. These works will not be temporary or seasonal in any case.

EB-3 visa eligibility

Below we show you the evidence and certification criteria required for the three subcategories.

Skilled workers

  • 2 years of work experience, education or training must be demonstrated that meets the requirements specified in the labor certification.
  • Relevant post-secondary education could be considered as training.     
  • The job to be done must be one in which there are no qualified workers available in the US.

Professionals

  • Must demonstrate proof of a US bachelor’s degree or its equivalent abroad. In addition, this title is the normal requirement that is needed for the job position.
  • The job to be done must be one in which there are no qualified workers available in the US.
  • Education and experience cannot be substituted for a high school degree.
  • Any other requirements specified in the labor certification must be met. 

Other workers (Unskilled)

  • Ability to perform unskilled work that requires less than 2 years of experience or training must be demonstrated. This should not be seasonal or temporary in nature.
  • The job to be done must be one in which there are no qualified workers available in the US.
  • Here, too, any other requirement specified in the labor certification must be met. 

Certification: All three subcategories require a labor certification and a permanent full-time job offer. 

Labor Certification from the US Department of Labor

As a general rule, EB-3 visa applications must be accompanied by an individual labor certification approved and issued by the Department of Labor using form ETA-9089. 

For further information, please check the Department of Labor: Foreign Labor Certification page or contact our attorneys.

How to apply for the EB-3 visa

The petitioner (employer) must file Form I-140 for the alien worker petition. 

The employer must be able to demonstrate a constant ability to pay the foreign employee from the priority date of the visa. This is part of the process. For this you can resort to the federal tax return, an audited financial statement or an annual report that demonstrates such ability to meet the payment.

You have extensive information in USCIS’s fees payment section.

Relatives of EB-3 visa holders

With the approved Form I-140, a spouse and unmarried children under the age of 21 can apply to be eligible to be admitted to the U.S. They will do so under the following categories:

  • E34: Spouse of a skilled or professional worker.
  • EW4: Spouse of another type of worker
  • E35: Son of a skilled or professional worker.
  • EW5: Son of another type of worker.

If you need assistance on the EB-3 immigrant visa, the EB-5 visaEB-2 visa or any other visa for the USA, do not hesitate to send us your query. At Lluis Law we have been helping immigrants for over 40 years with remarkable success. We will be happy to do the same for you.