Petitions for Skilled & Unskilled Workers
Immigrant Petition for Alien Worker
Purpose of Form :
There are many different types of skill levels in the employment based visa category.
Employment-Based Immigration: Third Preference EB-3
You may be eligible for this Immigrant Visa preference category 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.
You must be capable, at the time the petition is filed on your behalf, of performing unskilled labor (requiring less than 2 years training or experience), that is not of a temporary or seasonal nature, for which qualified workers are not available in the United States. Labor certification and a permanent, full-time job offer required.
Most employment based visa categories require the filing of a labor certification application with the U.S. Department of Labor. The purpose of a Labor Certification is for the U.S. Department of Labor to determine that there are not enough U.S. workers available to fill the position being offered to the foreign national. It is the job of the U.S. Department of Labor to protect the U.S. labor market. In some cases, the petition may be submitted to U.S. Citizenship and Immigration Service (USCIS) with an uncertified ETA-9089 for consideration for positions which are considered to be shortages in the U.S. labor market.
Your employer (petitioner) must file a Form I-140, Petition for Alien Worker. As part of the application process, your employer must be able to demonstrate an ability to pay the offered wage as of the day your labor certification application was filed or your immigrant visa application was filed for the position not requiring a labor certification application.
Family of EB-3 Visa Holders
Your spouse may be admitted to the United States, spouse of a “skilled worker” or “professional”, spouse of an “other worker”. During the process when you and your spouse are applying for permanent resident status, through the adjustment of status process, you both are eligible to file for an Employment Authorization Document (EAD). Your minor children, under the age of 21, can also obtain permanent residence with their parents.