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Qualifying for the EB-3 Visa

In order to qualify for an EB-3 visa to work in the United States, individuals must already have labor certification, a job offer for a permanent and full-time job, and they must meet the U.S. Citizenship and Immigration Services (USCIS) definition of one of the following three categories:

Skilled Workers

The USCIS defines a skilled worker as an individual who has at least two (2) years of experience performing or training for a job. Additionally, the kind of work that a skilled worker will need to perform must not be available from other qualified workers in the United States.

Professionals

Professionals are defined as individuals who hold either a U.S. baccalaureate degree or what is considered to be a foreign degree equivalent—the degree must be a normal requirement for the position the foreign worker intends to accept. As is the case with skilled workers, the work that foreign professionals intend to perform must not be already available from the U.S. workforce. It is not possible to substitute experience or any other education for a baccalaureate degree.

Unskilled Workers (Other Workers)

To meet the USCIS definition of an “unskilled worker,” applicants must be able to perform any form of unskilled labor that other qualified workers in the United States cannot perform. These positions cannot be classified as temporary or seasonal in nature. Unskilled labor is defined as labor that requires less than two years of experience or training to perform.

Contact an Immigration Attorney

If you would like to learn more about the process of working through the EB-3 visa application, you should reach out to a lawyer who understands what will be asked of you each and every step of the way. To speak with an immigration attorney from AmLaw Group about the particulars of your situation, please call our offices at (305) 509-6400 today.

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