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EB3: Skilled Worker, Professionals

EB3s come in various flavors.

For skilled workers, the position must require at least two years of experience.

For professionals, with the exception of nurses, the position must require at least a bachelor’s degree. Nurses are recognized as professionals even though the position need only require an associate degree in nursing and the nurse license, because they are members of a profession—the nursing profession.

Family Based Petitions

A US citizen can file petitions for a spouse, parents, children, and siblings. The US citizen must be 21 years old or older in order to petition parents and siblings.

A Legal Permanent Resident can file petitions for a spouse and unmarried children.

Prevailing Wage Immigration Requirements

Who is required to pay the prevailing wage?

Employers who are petitioning to get green cards for foreign workers are required to pay at least the prevailing wage for the position, if the petition requires an employer and the filing of the Department of Labor’s Form ETA 9089. This includes EB2 cases, EB3 cases, Schedule A cases including nurses, and Other Worker cases. This is also the minimum wage that must be offered to any qualified applicants for the position.

Nurses — Getting the Green Card Through an Employer

What is the process?

The process involves two steps: 1) Labor Certification Application and Immigrant Petition for Alien Employee; and 2) Adjustment of Status or Immigrant Visa Application.

Step #1

Normally, an employer is required to prove to the Department of Labor that it cannot find US workers for the position. Because the Department of Labor has already determined that there are not enough nurses to meet the demand for nurses in the US, nurses are classified as “Schedule A”, which means that no forms get filed with the Department of Labor.

Nurses — Getting the Green Card For Your Schedule A Nurse

What is the process?

The process involves two steps: 1) Labor Certification Application and Immigrant Petition for Alien Employee; and 2) Adjustment of Status or Immigrant Visa Application.

Step #1

Normally, an employer is required to prove to the Department of Labor that it cannot find US workers for the position. Because the Department of Labor has already determined that there are not enough nurses to meet the demand for nurses in the US, nurses are classified as “Schedule A”, which means that no forms get filed with the Department of Labor.

Nurses

The US Department of Labor has pre-certified that there is a shortage of Registered Nurses in the United States. It has therefore placed Registered Nurses on what is called “Schedule A.” What this means, is that petitions for Registered Nurses are not first filed with the Department of Labor, but rather, they skip that step and are filed directly with USCIS.

Schedule A occupations fall under the EB-3 Skilled Worker category for Immigrant Visas.

EB1: Immigrating as an Individual of Extraordinary Ability

A few individuals can immigrate to the United States because they have achieved extraordinary ability in their field of endeavor. These individuals do not need to have a petitioner in the United States. These individuals would be immigrating in the “EB1” visa category.

For immigration purposes, “extraordinary ability” is defined as being “one of that small percentage [of individuals] who have risen to the very top of their field of endeavor.”

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