This is a green card category where your employer sponsors you for a green card. The employer must first go through the Labor Certification process to show that they could not find a qualified U.S. worker. You may be eligible for this green card if you are a skilled worker, professional, or other worker.
- “Skilled workers” are persons whose job requires a minimum of 2 years training or work experience, not of a temporary or seasonal nature
- “Professionals” are persons whose job requires at least a U.S. baccalaureate degree or a foreign equivalent and are a member of the professions
- The “other workers” subcategory is for persons performing unskilled labor requiring less than 2 years training or experience, not of a temporary or seasonal nature.
Third preference petitions must generally be accompanied by an approved, individual labor certification from the Department of Labor on Form ETA-9089. Also, this category is not timely as it is backlogged for many countries. As such, many applicants would have to wait years to apply under this category.
To qualify for an EB-3 green card, your employer must file a Form I-140, Petition for Alien Worker. Prior to filing this, the employer must complete the Labor Certification process to show that they were not able to hire an U.S. worker. The PERM must be approved prior to filing the I-140 petition. If the green card category is current for the applicant, the I-485 can also be filed at the same time as the I-140. In addition, the applicant can apply for work authorization and the ability to travel.
These are green cards so as long as you meet the residency requirements and do not violate the terms of the visa you can keep them for life.
Your spouse may be admitted to the United States in E34 (spouse of a “skilled worker” or “professional”) or EW4 (spouse of an “other worker”). During the process where you and your spouse are applying for permanent resident status (status as a green card holder), your spouse is eligible to file for an Employment Authorization Document (EAD). Your children may be admitted as E35 (child of a “skilled worker” or “professional”) or EW5 (child of an “other worker”).
The EB-3 category may not be current for many countries. As such, there may be a long wait to obtaining the green card. Find more information on various immigration topics discussed in our blog.
Find more information on various immigration topics discussed in our blog.