EB-3

Employment-Based Third Preference (EB-3) Categories

Professionals, Skilled Workers, and Other Workers

Professionals, skilled employees, and other workers are included in the third preferred category depending on employment. 1.Professionals—those with a baccalaureate degree (or a foreign equivalent) and those who are active in a profession. 2.Full-time, permanent positions for skilled workers that require at least two years of education or work experience. Postsecondary education that is pertinent may count as training. 3.Other Workers—This category also includes foreigners with fewer than two years of education and job experience. All third choice categories call for labour certification. For EB-3, an NIW is not available. A labour market test may not be necessary, though, if a particular occupation is covered by Schedule A of the DOL regulations. In this case, the applicant must still submit an ETA Form 9089 and adhere to other conditions when submitting the Form I-140, Immigrant Petition for Alien Worker. For consideration as an EB-3 professional, a foreign national must hold a degree from the United States or a foreign equivalent. To determine if a foreign degree is comparable to a U.S. degree, it must be evaluated. A 3-year bachelor’s degree typically isn’t equivalent to a 4-year bachelor’s degree in the US. It should be noted that for the purposes of designating a professional, a bachelor’s degree or “foreign degree equivalent” refers to a single foreign degree equivalent, not to several degrees. If USCIS wants to know whether a foreign degree is comparable to a U.S. degree, they consult the Electronic Database for Global Education (EDGE). The EB-3 skilled worker category does enable bachelor’s degree equivalence based on education and experience, even if it is not permitted for EB-3 professionals.

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