EB-3 visa is usually granted to individuals who are professionals, skilled workers, and unskilled workers along with foreign labor certification from the department of labor. Out of the 40,000 visas allocated for this category, only 10,000 are allocated for unskilled workers sub-category.
EB-3 professionals are individuals who hold a US bachelor’s degree or foreign equivalent, and whose entry into the petitioned occupation or job position requires such related bachelor’s degree. EB-3 professionals must be foreign labor certified by the department of labor that the petitioner is unable to find any US qualified worker for the job. For foreign graduates, credential evaluation is required to show that the foreign degree is equivalent to the U.S. bachelor’s degree.
EB-3 skilled worker is an individual who has at-least two (2) years of job experience or training. Labor certification must be done with showing that any US qualified worker was not available.
EB-3 unskilled worker is an individual who has less than two (2) years of training or experience. They cannot be temporary or seasonal workers and should be labor certified that qualified U.S. person was not available.
Porting from EB-3 to EB-2
Due to per-country limit, foreign workers from countries such as China & India face unprecedented wait-times under EB-3 category. For example, assume that the labor certification and I-140 is approved under EB-3 category. After few months or years, the beneficiary becomes qualified under EB-2 exceptional ability or advanced degree criteria. Then the petitioner employer may file for new labor certification while requesting the labor department to retain earlier filing priority date for the beneficiary. Once labor is approved, the petitioner again needs to apply for I-140 showcasing the eligibility criteria under EB-2. Once I-140 is approved under EB-2, the porting process completes.