Eligibility Criteria
You may be eligible for this immigrant visa preference category if you are a skilled worker, professional, or other worker.
Skilled Workers
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You must be able to demonstrate at least 2 years of job experience or training
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You must be performing work for which qualified workers are not available in the United States
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Labor certification and a permanent, full-time job offer required.
Professionals
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You must be able to demonstrate that you possess a U.S. baccalaureate degree or foreign degree equivalent, and that a baccalaureate degree is the normal requirement for entry into the occupation
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You must be performing work for which qualified workers are not available in the United States
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Education and experience may not be substituted for a baccalaureate degree
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Labor certification and a permanent, full-time job offer required.
Unskilled Workers (Other Workers)
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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
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Labor certification and a permanent, full-time job offer required.
Application Process
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Your employer (petitioner) must file a Form I-140, Petition for Alien Worker.
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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.
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Your employer may use an annual report, federal income tax return, or audited financial statement to demonstrate an ability to pay your wage.
Family of EB-3 Visa Holders
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Your spouse may be admitted to the United States in E-34 (spouse of a “skilled worker” or “professional”) or EW-4 (spouse of an “other worker”).
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Your spouse is eligible to file for an Employment Authorization Document (EAD).
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Your minor children (under the age of 21) may be admitted as E35 (child of a “skilled worker” or “professional”) or EW-5 (child of an “other worker”).