Employment-based petitions

The following categories of people fall under the EB-3 classification:

1. Aliens with at least two years of experience as skilled workers;
2. Professionals with a baccalaureate degree; and
3. Other workers with less than two years experience, such as an unskilled worker who can perform labor for which qualified workers are not available in the United States.

Here, skilled workers does not include seasonal or temporary workers, but requires at least two years of experience or training. It is also possible to equate the training requirement with post-secondary education.

In the above context, “professionals” includes a person with U.S. baccalaureate degree or an equivalent foreign degree, required for the profession. In case of a foreign degree, educational evaluation has to be done. This requirement for a degree may not be substituted with education or experience or both.

Persons who fill in positions that required higher education, training or experience of less than two years fall under the category of “other workers”. Persons under this category may have to wait for quite a number of years, as there is a backlog.

The employer has to file Form I-140 at the INS Regional Service Center that serves the area of intended work. This petition has to be accompanied by labor certification and a permanent fulltime job offer. This is a mandatory requirement and there are no exceptions to this rule. All petitions under this category are current.

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