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The Employment Based Third Preference (EB3)
Employer and Labor Certification required
This is
for individuals who are "skilled workers, professionals, and
other workers."
There must be a job offer by a United States employer for skilled
workers and professionals. The job must be in the occupation for
which he/she has received training or education, or a closely
related occupation. The employer must obtain a labor certification
(LC) from the U.S. Department of Labor.
The LC must indicate that the position offered requires the
education, training, or experience of the prospective employee.
After the LC is approved, the employer may file an employment-based
immigrant petition on behalf of the prospective employee.
The category of "skilled," "unskilled," or
"professional" is determined by the type of job and the
background of the prospective employee.
Skilled Workers
The
applicant must show capability in an occupation that requires at
least two years of training or experience in order to qualify for
the third-preference category under "skilled worker."
Professionals
Applicants
must demonstrate the accomplishment of at least a U.S. baccalaureate
degree (or its foreign equivalent) to be classified as
"professional" for the third-preference category. The
degree should be a minimum requirement in order to enter the
profession. Qualifying jobs for E32 are similar to the specialty
occupation for H-1B.
Other Workers
The
other worker category is for occupations that require less than two
years training / experience. The quota for this category is severely
backlogged due to large numbers of applicants and low numbers of
visas issued each fiscal year. |