EB-3 Employment-Based Third Preference: Professionals, Skilled Workers, and Other Workers

The employment-based third preference (EB-3) classification is for Professionals, Skilled Workers, and Other Workers. EB-3 classification requires a labor certification from the Department of Labor (except for “Schedule A” designated occupations such as nurses or physical therapists) where the employer has demonstrated that there are no U.S. workers who are able, qualified, or willing to take the position offered to the foreign national. Additionally, the employer must show that admission of the foreign national will not adversely affect the wages and working conditions of similarly situated U.S. workers. The EB-3 classifications are as follows:

• Professionals: Position requires a minimum of a Bachelor’s degree.
• Skilled workers: Position requires at least two years of training/experience and no degree.
• Other workers: Position requires unskilled labor and less than two years of training/experience and no degree.

An individual’s priority date (i.e. the date that an immigrant visa number becomes available) is established on the date that a labor certification is filed. Upon approval of the labor certification, the individual is eligible to file an I-140 immigrant visa petition under the EB-3 preference category. Individuals with current priority dates can also file a concurrent I-485 Adjustment of Status application.