U.S. Law Center

Who qualifies for the EB-3 immigrant visa?

If you have an employer or potential employer in the United States who wants you to work for a company in California, he or she may file a petition with the U.S. Citizenship and Immigration Services so that you can receive a work visa. The USCIS explains that if you do not qualify for first or second preference employment-based visas, you may fit into one of the categories for a third preference visa, or EB-3.

Your employer must establish that there is not a person in the United States who has the qualifications to fill the job duties that you are being brought to the country to perform. In addition to this requirement, you must fit into one of the sub-categories for this work visa.

If you have at least two years of experience performing the work, or the same amount of training, you may be eligible for the EB-3 visa as a skilled worker. Or, you may be eligible without these qualifications if you will be doing a job that does not involve skilled labor. However, the job cannot be temporary or seasonal, and you must still be uniquely qualified to perform the required responsibilities. It may take longer to acquire this type of visa, though, as there are many pending applications filed that have not yet been processed.

Some positions must be filled by a worker who has a U.S. bachelor’s degree or the foreign equivalent of that degree. In these cases, comparable work experience or training cannot be substituted, and you must provide proof of your degree. Other restrictions may apply when filing for this employment visa, and the documentation may vary, therefore, this information should not be interpreted as legal advice.

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