If you are interested in acquiring an EB-3 Skilled & Professional Worker visa, do not hesitate to contact the offices of Pozo Goldstein, LLP, today.

Employment based visas are divided up by what is known as “preferences” based upon several different factors. Those who are categorized as third preference workers are generally those who are either skilled, professionals or who be able to fill specific requirements as an “unskilled worker.” Generally, there are 40,000 visas which are allotted for those seeking EB-3 every year; however, if there is extra from the allotted visas for the first two preferences, it can be used for this preference.

The three categories of eligibility for EB-3 visas include the following:

• Skilled Workers: To prove that you qualify as a “skilled worker” you must be able to show that you have a minimum of two years of experience in your area of interest. Beyond that, you must be able to show that you are coming into the country to perform a job where there are no domestic workers available. You cannot be believed to be taking jobs away from American employees. Beyond that, as described below, you must have labor certification and a job offer.
• Professionals: This is different from simply being a skilled worker as, instead of experience, you must show that you are in possession of either a U.S. baccalaureate degree or its foreign equivalent. Similar to what is explained above, you cannot be taking work away from domestic employees; therefore you must prove that there are no available workers in the U.S. who could adequately perform the job. You must have labor certification and a job offer.
• Unskilled Workers: This is probably the broadest. To qualify as an unskilled worker, you must be capable of performing a job that requires less than two years of experience. This cannot be temporary or seasonal work; instead, you must be able to show that you have a job offer for a permanent and full-time job, along with labor certification. The same as the two categories described above, there must not be any domestic workers available for the job.

To be eligible for this visa, you must be able to have an approved labor certification which has been submitted to the USCIS. This must have been accompanied by an uncertified ETA-0989. The application process is fairly simple. First, the person seeking the visa must have a petitioner on their behalf (typically an employer) who filed a Form I-140 Petition for Alien Worker on their behalf. While filing, they must be able to show that they are able to pay for your wages – this may be demonstrated through either an annual report, federal tax return or even an audited financial statement.

What about my family?

The families of EB-3 visa holders are able to come into the United States on certain immigrant spouses. For someone who classified as either a skilled worker or a professional, spouses may enter in E34 and children may enter on E35; for those who are unskilled workers or “other workers,” the spouses may come over on EW4 and children on EW5. During this time, families and the visa holder will be able to apply for permanent residency with a green card and spouses will be able to file for Employment Authorization Documents (EAD).

Contact our New York visa lawyers today!

With a legal team composed of former U.S. immigration prosecutors, you can trust in Pozo Goldstein, LLP. If you are interested in discussing your case and would like to schedule your initial case consultation, do not hesitate to contact us today. They are fully invested in the outcome of the cases of their clients and will do everything possible to help support their clients. Our New York immigration lawyers are here to serve you.