Mark I. Davies, Esq., J.D., University of Pennsylvania Law School, licensed by the SRA (SRA ID: 384468) in the UK, and a member of The Law Society of England & Wales, MBA, Wharton School of Business. Top 10 Investment Visa Lawyer. Licensed in the USA. Georgia State Bar member. AILA member.
EB-3 Visas: Permanent Residency for Skilled Workers
You may be eligible for this immigrant visa preference category if you are a skilled worker, professional, or other worker. Third preference petitions must generally be accompanied by an approved, individual labor certification from the Department of Labor on Form ETA-9089. 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.
See also: EB-1A Visa for Extraordinary TalentSee also: EB-1C Visa for Multinational Managers & Executives
| Sub-categories | Evidence | Process |
|---|---|---|
| Skilled Workers |
You must be able to demonstrate that you possess at least 2 years of
job experience, education, or training that meets the job requirements
specified on the labor certification. Relevant post-secondary education may be considered as training. You must be performing work for which qualified workers are not available in the United States. |
Your employer (petitioner) must file a Form I-140, Immigrant Petition
for Alien Workers. As part of the application process, your employer must be able to demonstrate a continuing ability to pay the offered wage as of the priority date. Your employer may use an annual report, federal income tax return, or audited financial statement to demonstrate a continuing ability to pay your wage. |
| Professionals |
You must demonstrate that you possess a U.S. baccalaureate or foreign
equivalent degree, 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. You must meet any other requirements specified on the labor certification. |
|
| Unskilled Workers (Other Workers) |
You must demonstrate the ability to perform unskilled labor (requiring
less than 2 years training or experience), that is not of a temporary
or seasonal nature. You must be performing work for which qualified workers are not available in the United States. You must meet any other requirements specified on the labor certification. |
Family of EB-3 Visa Holders
If your I-140 petition is approved, your spouse and unmarried children under the age of 21 may be eligible to apply for admission to the United States in E34 (spouse of a “skilled worker” or “professional”) or EW4 (spouse of an “other worker”), and E35 (child of a “skilled worker” or “professional”) or EW5 (child of an “other worker”).
D&A offers free initial consultation. During the preliminary assessment, we will provide you with a general overview of your immigration options. If we make a determination that your case requires in-depth analysis and review of documents, you may be asked to schedule a follow-up consultation.
We make sure that all prospective clients know the associated immigration costs well ahead of time to begin the planning process. Typically, we provide a price range due to the complexity of certain cases and the time discrepancies. It is worth noting that fees for some cases may vary due to circumstances that may be unique for the client.
Contact Us to Arrange Your Free Consultation with our EB-3 visa lawyers.About the Authors
Mark I. Davies, Esq.
Chairman of Davies & Associates; focused on E visa strategy and complex consular filings.
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New York Office World Trade Center:
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+1 212 537 9196
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