EB-3: Employment-Based Immigration – Skilled Workers – Professionals and Other Unskilled Workers
You may be eligible to be classified as a skilled worker, professional, or other worker depending upon your education, skills and work experience.
Eligibility
Several immigrant visa categories are based on employment. Your education, skills and work experience are some of the factors used to determine if you are eligible for a specific type of employment-based visa.
Skilled Workers
- You must be able to demonstrate at least two years of job experience or training, not of a temporary or seasonal nature. Relevant post-secondary education may be considered as training;
- You must be performing work for which qualified workers are not available in the United States; and
- A labor certification and a permanent, full-time job offer are required.
Professionals
- You must be able to demonstrate that you earned a U.S. bachelor’s degree (or its foreign degree) related to the occupation, and that this degree is the normal requirement for entry into the occupation. Education and experience cannot be substituted for a bachelor’s degree;
- You must be performing work for which qualified workers are not available in the United States; and
- A labor certification and a permanent, full-time job offer are required.
Unskilled Workers (Other Workers)
- You must be able to perform unskilled labor (requiring less than two years training or experience), that is not of a temporary or seasonal nature, for which qualified workers are not available in the United States; and
- A labor certification and a permanent, full-time job offer are required.
For more information, visit our EB-3 Employment-Based Immigration: Third Preference EB-3 and Visa Availability and Priority Dates pages.
Petitions for certain classifications must be filed with an original individual labor certification from the U.S. Department of Labor (DOL). For information on the filing requirements and fees for a labor certification request with DOL, please visit the Foreign Labor Certification page at the U.S. Department of Labor website.
Premium processing is available for eligible classifications. For information, see our How Do I Use the Premium Processing Service? page.
How to File
Your employer must:
- Read the instructions for Form I-140, Immigrant Petition for Alien Workers;
- Obtain an approved Application for Permanent Labor Certification from the U.S. Department of Labor (DOL), if required for the specific visa category;
- Complete and sign Form I-140;
- Pay the filing fee, if applicable; and
- Provide all required evidence and supporting documentation.
As part of the application process, your employer must be able to demonstrate an ability to pay the offered wage as of your visa priority date.
Want status updates about your case? Learn how to create a USCIS online account to stay informed.
After You File
Once we receive your Form I-140, we will process your petition and you will receive a:
- A receipt notice confirming we received your application
- A biometric services notice, if applicable
- A notice to appear for an interview, if required
- A notice of a decision
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 jobs require a minimum of 2 years training or experience, not of a temporary or seasonal nature. The skilled worker must meet the educational, training, or experience requirements of the job opportunity. Relevant post-secondary education may be considered as training.
- “Professionals” are persons whose job requires at least a U.S. baccalaureate or foreign equivalent degree 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.
| Sub-categories | Evidence | Certification |
|---|---|---|
| Skilled Workers |
| Labor certification and a permanent, full-time job offer required. |
| Professionals |
| Labor certification and a permanent, full-time job offer required |
| Unskilled Workers (Other Workers) |
| Labor certification and a permanent, full-time job offer required. |
U.S. Department of Labor – Labor Certification
Third preference petitions must generally be accompanied by an approved, individual labor certification from the Department of Labor on Form ETA-9089. In some cases, the petition may be submitted to U.S. Citizenship and Immigration Service (USCIS) with an uncertified ETA-9089 for consideration as Schedule A, Group I. For more information on Schedule A, Group I, read our policy in Volume 6, Part E, Chapter 7, of the USCIS Policy Manual.
For more information, see the Department of Labor: Foreign Labor Certification page.
Application Process
Your employer (petitioner) must file a Form I-140, Immigrant Petition for Alien Workers. As part of the application process, your employer must be able to demonstrate a continuing ability to pay the offered wage as of the priority date. Your employer may use an annual report, federal income tax return, or audited financial statement to demonstrate a continuing ability to pay your wage.
For more information on filing fees, see File My Application Online.
Family of EB-3 Visa Holders
If your I-140 petition is approved, your spouse and unmarried children under the age of 21 may be eligible to apply for admission to the United States in E34 (spouse of a “skilled worker” or “professional”) or EW4 (spouse of an “other worker”). and E35 (child of a “skilled worker” or “professional”) or EW5 (child of an “other worker”).
Direct Filing Addresses for Form I-140, Immigrant Petition for Alien Worker
Regular Processing
| If you are: | For U.S. Postal Service (USPS): |
|---|---|
| Filing Form I-140 by itself | For U.S. Postal Service (USPS): USCIS For FedEx, UPS, and DHL deliveries: USCIS |
| Filing Form I-140 together with Form I-485, Application to Register Permanent Residence or Adjust Status | For U.S. Postal Service (USPS): USCIS For FedEx, UPS, and DHL deliveries: USCIS |
Premium Processing: Filing Form I-140 with Form I-907, Request for Premium Processing
| If the beneficiary will work in… | Then mail your form to: |
|---|---|
You may pay with a credit card. | For U.S. Postal Service (USPS): Premium Processing For FedEx, UPS, and DHL deliveries: Premium Processing |
You may pay with a credit card. | For U.S. Postal Service (USPS): USCIS Texas Service Center For FedEx, UPS, and DHL deliveries: USCIS Texas Service Center |
Premium Processing: Filing Form I-907, Request for Premium Processing to Upgrade a Pending I-140.
| If your Form I-140 is pending with the: | Then mail your form to: |
|---|---|
| Nebraska Service Center If you have questions about your form, email NSC-premium.processing@dhs.gov. You may pay with a credit card. | For U.S. Postal Service (USPS): Premium Processing For FedEx, UPS, and DHL deliveries: Premium Processing |
| Texas Service Center If you have questions about your form, email TSC-premium.processing@dhs.gov. You may pay with a credit card. | For U.S. Postal Service (USPS): USCIS Texas Service Center For FedEx, UPS, and DHL deliveries: USCIS Texas Service Center |
| Vermont Service Center If you have questions about your form, email VSC-premium.processing@dhs.gov. | For U.S. Postal Service (USPS): Premium Processing For FedEx, UPS, and DHL deliveries: Premium Processing |
| California Service Center If you have questions about your form, email CSC-premium.processing@dhs.gov. | For U.S. Postal Service (USPS): Premium Processing For FedEx, UPS, and DHL deliveries: Premium Processing |
More Information
Forms and Fees
- Form I-140
- Use our Fee Calculator to help determine your fee.
- Form I-907
- Find the fee information on Our Fee Schedule page.
