EB3

The EB3 employment based green card is for professionals who hold a US baccalaureate degree or foreign equivalent degree that is normally required for the profession. Education and experience may not be substituted for the degree.

The EB3 employment based green card is also for skilled workers and other workers who are not seasonal or temporary and require at least two years of experience or training as well as other workers are those who are capable of performing unskilled labor, not of a temporary or seasonal nature, for which qualified workers are not available in the US.

In order to obtain permanent residency through the EB3 category, the applicant must have an employer willing to sponsor him or her through PERM labor certification. The applicant does not have to be employed when labor certification/PERM is filed. A job offer is sufficient. Labor certification/PERM is the process whereby, the US government determines whether qualified US workers can fill the open position. Once the labor certification is approved, the employer may sponsor the applicant for permanent residency.

The EB3 process is as follows:

• The employer performs the PERM labor certification process;
• The employer sponsors the employee for a green card; and then
• The employee adjust his or her status to permanent resident.

Professional, skilled and other workers who have a job offer from a US company and their immediate family members.

Professionals: defined as a member of the professions who holds a baccalaureate degree. Members of the professions include, but are not limited to architects, engineers, lawyers, physicians, surgeons, and teachers in elementary or secondary schools, colleges, academies, or seminaries. It also includes any occupation for which a US baccalaureate degree (or foreign equivalent) is the minimum requirement for entry into the occupation.

Skilled workers: defined as a person, who at the time of petitioning, is capable of performing skilled labor, requiring at least 2 years training or experience, not of a temporary or seasonal nature, and for which there are no qualified workers available in the United States. Relevant post-secondary education may be considered as training for the purposes of this provision.

Other Workers: defined as a person who is to perform unskilled labor, requiring less than two years training, not of a temporary or seasonal nature, for which qualified workers are not available in the United States.