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Employment-Based Visas. EB3 Category
Professional workers:
The regulations provide that the petition
for a professional classification must be accompanied
by evidence that the alien holds a baccalaureate degree
or a foreign equivalent degree and by evidence that
the alien is a member of the professions.
Evidence of a baccalaureate degree
shall be in the form of an official college or university
record. To show that the alien is a member of the professions,
the petitioner must submit evidence showing that the
minimum of a baccalaureate degree is required for the
occupation.
Skilled workers:
For classification as a skilled worker,
the regulations provide that skilled worker means an
alien who is capable at the time of the petitioning
of performing skilled labor requiring at least two years
training or experience not of a temporary or seasonal
nature. Relevant post secondary education may be considered
relevant for this purpose.
The USCIS requires that the alien
possesses two years of training, work experience and
college education, not just capability to perform the
job. College education or work experience must be verified
by certificates or letters.
Other workers:
These workers are categorized as unskilled
and those who meet the education and work experience
for the job. The petitions are for those positions requiring
less than two years of training, work experience or
college education.
As mentioned above, there is a definite
advantage in being classified as a skilled worker as
opposed to an unskilled worker. As an unskilled worker,
the alien could be waiting several more years for a
green card petition or visa application to be approved.
For all the above classifications,
the employment must be offered as a result of qualified
US citizens/legal resident workers not being willing
and able to perform the job in question and furthermore,
the job classification does not adversely affect US
workers.
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