EB-3 Visas for Professional or Skilled Workers

For many persons the EB-3 visa may be the only option. Upon close analysis, however, the EB-3 visa is not always an attractive option. Attractive or note, our thirty years of experience teaches us that EB-3 visa may be the best choice. The immigration attorneys in the San Francisco office of Luscutoff, Lendormy & Associates are able to guide foreigners through the maze of EB-3 requirements.

The U.S. Department of Labor classifies an EB-3 professional worker as one who holds a U.S. bachelor’s degree or foreign equivalent degree that is normally required for the profession. For purposes of an EB-3 visa a skilled worker position is not temporary or seasonal and the “skilled worker” must have at least two years of experience or training. This training requirement may be met through relevant post-secondary education. Within the EB-3 rules there is an “other worker” category for positions that require fewer than two years of training, or higher education experience, such as an unskilled laborer when similarly qualified workers are not available in the United States.

The EB-3 visa category has many built-in delays. First of all, a labor certification is required for all EB-3 petitions. Second, due to the long backlog, a petitioner likely will have to wait many many years before receiving a visa under the EB-3 category.