The first sub-category of the Third Preference category is the immigration professional. This is perhaps the most widely used sub-category within the Second Preference category. You must be able to demonstrate that you possess a U.S. Bachelor’s Degree or foreign degree equivalent and that the bachelor’s degree is the normal requirement for entry into the occupation. You must also be performing work for which qualified workers are not available in the United States. Unlike other classifications, you cannot use equivalent experience to meet the educational requirement. There is no provision for equivalency to a baccalaureate degree based on a combination of education and experience at the EB-3 professional level. Thus, if Form ETA-9089 specifies a minimum educational level of “bachelor’s degree or equivalent,” a foreign national will not qualify for EB-3 classification as a professional if he or she lacks a bachelor’s or a foreign degree evaluated as the equivalent to a U.S. bachelor’s degree.
This category requires that your petitioner (employer) must first obtain a Labor Certification (PERM) from the Department of Labor. A specific job is also required in the third Preference Employment Based category. Moreover, after receiving Labor Certification, your Petitioner (Employer) must file for an Immigrant Petition. You may file for adjustment of status or proceed with consular processing only when your visa becomes numerically available. But because of the significant backlogs, in this category, you must wait for seven years or more. If you are from India, Mexico, or Philippines, then you have to wait even longer. Spouses and children below 21 years of age and not married are qualified to obtain green cards if accompanying the main beneficiary.
The process can be extremely detailed and requires significant effort on the part of the employer. To find out more about the procedural steps involved and an estimate of fees, call or email us today for your free in-depth consultation!
The Third Preference Employment Based category is apportioned for about 40,000 annual visas plus any unused visas in the first two employment based preferences. Labor Certification (PERM) and a specific job offer are required in the third Preference Employment Based category. Moreover, after receiving Labor Certification, the Petitioner (Employer) must file for an Immigrant Petition. Individuals may file for an adjustment of status or may proceed with consular processing when their visas become available. But because of the number of backlogs, individuals in this category must wait for years to have their visas available. In addition, immediate unavailability of this category will continue for individuals. The Third Preference Employment Based Immigration EB-3 (Green Card) is available for the following individuals:
(a) Professionals; (b) Skilled Workers; and (c) Other Workers.
“Skilled workers” are persons whose job requires a minimum of 2 years training or work experience, not of a temporary or seasonal nature
“Professionals” are persons whose job requires at least a U.S. baccalaureate degree or a foreign equivalent and are a member of the professions
“Other workers” subcategory is for persons performing unskilled labor requiring less than 2 years training or experience, not of a temporary or seasonal nature.
This employment based preference category requires that your employer must first obtain Labor Certification (PERM) from the Department of Labor on Form ETA-9089. A specific job offer is required in the Third Preference Employment Based category. Moreover, after having received a Labor Certification, your employer (petitioner) must file for an Immigrant Petition. In some cases, the petition may be submitted to U.S. Citizenship and Immigration Service (USCIS) with an uncertified ETA-9089 for consideration as Schedule A, Group I. Your employer, the petitioner, must file a Form I-140, Petition for Alien Worker. As part of the application process, your employer must be able to demonstrate an ability to pay the offered wage as of your visa priority date. Your employer may use an annual report, federal income tax return, or audited financial statement to demonstrate an ability to pay your wage.
You may file for adjustment of status or proceed with consular processing when your visa becomes numerically available. But because of the backlogs, you- being in this preference category must wait for many years for your visa to become available. Skilled workers from countries like India, Philippines, and Mexico, unfortunately, have to wait even longer. Spouses and children below 21 years of age and not married are qualified to obtain green cards if accompanying the main beneficiary.
The process can be extremely detailed and requires significant effort on the part of the employer. For more information on the Third Preference category, read on! “Other workers” subcategory is for persons performing unskilled labor requiring less than 2 years training or experience, not of a temporary or seasonal nature. You must be capable, at the time the petition is filed on your behalf, of performing unskilled labor (requiring less than 2 years training or experience), that is not of a temporary or seasonal nature, for which qualified workers are not available in the United States. Labor certification and a permanent, full-time job offer required.
This third sub-category of the Third Preference category is available for Other Workers (Unskilled Workers). The third preference employment- based category is used by U.S. employers to sponsor unskilled workers and in order to qualify, you must be capable of performing unskilled labor and have an employer who is offering you a full time job. The position offered is one that requires less than two years of experience as the minimal requirement for entry into the occupation.
To find out more about the procedural steps involved and an estimate of fees, call or email us today for your free in-depth consultation!
“Skilled workers” are persons whose job requires a minimum of 2 years training or work experience, not of a temporary or seasonal nature. You must be performing work for which qualified workers are not available in the United States. Labor certification and a permanent, full-time job offer required.
The second sub-category of the Third Preference category is available for Skilled Workers. To qualify, you must have at least 2 years of training or experience, or have a combination of education and experience that is equivalent to a Bachelor’s Degree, and have a U.S. employer offering you a full time position which requires those types of skills or degree.
This employment based preference category requires that your employer must first obtain Labor Certification (PERM) from the Department of Labor. A specific job offer is required in the Third Preference Employment Based category. Moreover, after having received a Labor Certification, your employer (petitioner) must file for an Immigrant Petition. You may file for adjustment of status or proceed with consular processing when your visa becomes numerically available. Under USCIS regulations, whether a position involves skilled labor is determined by reference to the Department of Labor approved labor certification. But because of the backlogs, you- being in this preference category must wait for many years for your visa to become available. Skilled workers from countries like India, Philippines, and Mexico, unfortunately, have to wait even longer.
The process can be extremely detailed and requires significant effort on the part of the employer.
To find out more about the procedural steps involved and an estimate of fees, call or email us today for your free in-depth consultation!
Give us a call at 1-847-786-2599 today to get started.
Bringing your employee to the U.S. could be a life-changing event for the employee and his or her family; however, this requires going through an intricate process that only a legal professional can effectively help you with.
Immigration laws are constantly changing. As such, you need an immigration lawyer to assist you through the process, complying with the latest and applicable bureaucratic requirements for your application. Our EB-3 lawyers in Skokie are here to help.
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