Third Preference EB-3 Category

Skilled Workers, Professionals, and Other Workers.

INA § 203(b)(3); 8 C.F.R. § 204.5 (l).

There are three sub-categories under the EB-3 preference category: (1) Professionals with baccalaureate degrees; (2) Skilled workers; and (3) Other (unskilled) workers.

1. Professionals with Bachelor's Degrees.

• Must possess at least a U.S. bachelor’s degree or a foreign equivalent degree and be a member of the professions.

• To show that the foreign citizen is a member of the professions, must submit evidence showing that the minimum of a bachelor’s degree is required for entry into the occupation.

2. Skilled Workers.

• Foreign citizens capable of performing skilled labor, not of a temporary or seasonal nature, for which qualified workers are not available in the United States.

• The minimum requirements for this classification are at least two years of training or experience.

• Relevant post-secondary education may be considered as training.

3. Other (Unskilled) Workers.

• Foreign citizens capable of performing skilled labor, not of a temporary or seasonal nature, for which qualified workers are not available in the United States.

• Classification requires less than two years training or experience.

• The determination of whether a worker is a skilled or unskilled will be based on the requirements of training and/or experience placed on the job by the prospective employer, as certified by the Department of Labor (PERM).

4. Job Offer Requirements and Labor Certification (PERM).

• Both a job offer and a labor certification (PERM) are required for all sub-categories under the EB-3 category.

5. Family.

• Spouses and children under 21 may receive the same preference and priority date if accompanying or following to join.