EB3 PERM Certification:

Petitions filed in the EB-3 category require a permanent, full-time job offer and a labor certification (see Permanent Labor Certification). Eligibility requirements for the EB-3 classification are less stringent, but there are no exceptions on the labor certification requirement. The EB-3 category is currently backlogged.

Professional. Under this category, a professional is a person who has a baccalaureate degree (or foreign equivalent) and is a member of the professions. Unlike the H-1B nonimmigrant category, one is not able to make up for a lack of education through experience. Members of the professions include, but are not limited to architects, engineers, lawyers, physicians, surgeons, and teachers in elementary or secondary schools, colleges, academies, or seminaries, as well as any occupations for which a U.S. baccalaureate degree (or foreign equivalent) is the minimum requirement for entry into the occupation.

Skilled worker. For a person to qualify as a skilled worker, the position being offered must require at least two years training or work experience. The alien must possess the required training or experience, but simply because the alien has two years of training and experience does not make it a skilled position if it does not otherwise require two years of training and experience. Whether a position involves skilled labor is determined by the U.S. Department of Labor. Because the “other worker” category is more backlogged than the “skilled worker” category, it is very important that the employer demonstrate that the position is one requiring at least two years training or work experience.

Other workers. An “other worker” is a person filling a position that requires less than two years training or experience to perform. Relevant post-secondary education may be considered as training for the purposes of this provision. Because there is an annual limit of only 10,000 visas in this subcategory, regardless of how many are available in the entire EB-3 category, there are extreme backlogs in visa numbers for this category. See Visa Bulletin section for more information on visa availability.

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