The EB-3 visa (Employment-Based Third Preference) was enacted to enable United States employers to sponsor qualified foreign nationals for lawful permanent residence through the offer of full-time, long-term employment within the United States.  EB-3 encompasses three subcategories: Skilled Workers (requiring at least two years of training or experience), Professionals (requiring at least a bachelor’s degree), and Unskilled/Other Workers (requiring less than two years of training).

Classification under the EB-3 category is contingent upon the foreign national’s ability to satisfy the statutory and regulatory requirements applicable to the offered position, including, but not limited to, educational credentials, specialized skills, and relevant work experience. Employers are generally required to obtain labor certification from the appropriate government authority and to demonstrate compliance with all applicable federal immigration laws and regulations.

Eligibility for the EB-3 Visa is determined jointly by the sponsoring employer and the foreign national employee. The U.S. employer is generally required to establish that there are no qualified, willing, and available U.S. workers for the offered position, and that the employment of a foreign national will not adversely affect the wages or working conditions of similarly employed U.S. workers.

From the applicant’s perspective, eligibility is based on factors including educational qualifications, relevant work experience, and the specific requirements of the offered position. An EB-3 visa lawyer may assess the applicant’s credentials to determine whether they meet the applicable statutory and regulatory criteria for classification under this category.