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.
All EB3s require the ﬁling of a Labor Certiﬁcation, with most requiring that it be ﬁled with the Department of Labor after conducting the regulatorily required advertising and recruitment. For a description of that process, please see the pages for “PERM.” The only ones that do not require the advertising and recruitment are those that have been designated as “Schedule A”” by the Department of Labor. For “Schedule A” positions, the Labor Certiﬁcation is ﬁled directly with USCIS.
The “Schedule A” positions do not require the advertising and recruitment, because the Department of Labor has already determined that for them, there are not enough available US workers, and therefore no need to test the labor market.
China, India, and Philippines have a high demand for EB3s and citizens of those countries face long waits for the actual green card, as seen by the priority dates for those countries.
The Labor Certiﬁcation process is a very exacting process. Anyone pursuing an EB3 case should have an experienced attorney handle the case. Contact our ﬁrm to get started.