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Eligibility Criteria

You may be eligible for this immigrant visa preference category if you are a skilled worker, professional, or other worker.

Skilled Workers

  • You must be able to demonstrate at least 2 years of job experience or training

  • 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.

 

Professionals

  • 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

  • You must be performing work for which qualified workers are not available in the United States

  • Education and experience may not be substituted for a baccalaureate degree

  • Labor certification and a permanent, full-time job offer required.

 

Unskilled Workers (Other Workers)

  • 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

  • Labor certification and a permanent, full-time job offer required.

Application Process
  • Your employer (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.

Family of EB-3 Visa Holders
  • 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”). 

  • Your spouse is eligible to file for an Employment Authorization Document (EAD). 

  • 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”).

All services are also available in Arabic

CONTACT US

Please fill out the form below or call us at (518) 472-0230.

Law Offices of Joseph F. Jacob, PLLC

125 Wolf Road, Ste 309

Albany, NY 12205

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CONTACT US
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