EB-3 Bachelor's degree, Skilled Workers

EB-3 Classification is appropriate for:

• Professionals with a baccalaureate degree (or foreign equivalent degree but not necessarily any experience);
• Aliens with at minimum two years of experience as skilled workers; and
• Other workers  (unskilled workers) requiring less than two years of training or experience.

While eligibility requirements for the EB-3 classification are less rigorous than the EB-1 and EB-2 classifications, you should be aware that a long backlog exists for visas in the EB-3 classisfication. Please see the regulations for EB-3 at 8 CFR § 204.5 for further information.

Skilled worker positions are not seasonal or temporary and require a permanent job offer with at least two years of experience or training. The training requirement may be met through relevant post-secondary education. Any professional lacking a bachelor’s degree who does not fall in the professional group will qualify as a skilled worker. Whether the job would be covered under EB-3 will be decided by USCIS based on the job requirements listed in the Labor Certification form. For more information, please see the Department of Labor's Employment and Training Administration Website.

Professionals must hold a U.S. baccalaureate degree or foreign equivalent degree that is normally required for the profession. Education and experience may not be substituted for the degree. The occupation should require the minimum of a bachelors’ degree for entry into the occupation. Besides, the worker should be a member of the profession. 

Unskilled Worker positions require less than two years of training or experience to perform. Even if the worker has more than two years of training or experience in the occupation, if the occupation does not require two years of training or experience, the worker is an unskilled worker.

Application Procedures 

In order to obtain permanent residency through the EB3 classification, the applicant must have a Petitioner/Employer willing to sponsor him or her through Labor Certification. (See our PERM link for additional details.) All I-140 EB-3 petitions must include a certified labor certification and a permanent, full-time job offer. There are no exceptions. Please note, the applicant does not have to be employed when labor certification is filed,  a job offer for future employment is sufficient. After I-140 approval and when the beneficiary’s priority date is current, the beneficiary may adjust status through I-485. The beneficiary may also opt for consular processing. Please see our links on the I-140 petition,  I-485 petition,  and Consular Processing for further information.