EB3-1 and EB3-2 Visas (for Skilled Workers and Professionals)

LosAngelesFogleLawIMMIGRANT VISAS

Foreign “Skilled Workers” who are capable of performing a job which requires at least two years of training or experience, and for which qualified workers are not available in the United States, can obtain EB3 visa classification. To obtain an EB3-1 status, the U.S. employer must obtain an approved permanent Labor Certification, verifying that no qualified United States workers are available to fill the full-time position offered by the company and proof that the foreign national possessed the two years or more of qualifying experience prior to joining the company.

As for foreign professionals, who hold baccalaureate degrees in occupations for which qualified workers are not available in the United States, the EB3-2 classification is available. Just like the EB3-1 classification, in order to obtain an EB3-2 an approved Labor Certification must be first obtained. The employer must show that the job must require a baccalaureate degree and the company must establish that a baccalaureate degree is needed to adequately perform the job duties.

Upon approval of an EB3-1 or EB3-2 visa petition by the US Citizenship and Immigration Service (CIS), the applicant, his/her spouse and children under 21 years of age may apply for their immigrant visas through adjustment of status in the United States or consular processing at a U.S. Consulate abroad.