EB-3: Employment-Based Immigration – Skilled Workers - Professionals and Other Unskilled Workers

Several immigrant visa categories are based on employment. Your education, skills and work experience are some of the factors used to determine if you are eligible for a specific type of employment-based visa.

Skilled Workers

• You must be able to demonstrate at least two years of job experience or training, not of a temporary or seasonal nature. Relevant post-secondary education may be considered as training;
• You must be performing work for which qualified workers are not available in the United States; and
• A labor certification and a permanent, full-time job offer are required.

Professionals

• You must be able to demonstrate that you earned a U.S. bachelor’s degree (or its foreign degree) related to the occupation, and that this degree is the normal requirement for entry into the occupation. Education and experience cannot be substituted for a bachelor’s degree;
• You must be performing work for which qualified workers are not available in the United States; and
• A labor certification and a permanent, full-time job offer are required.

Unskilled Workers (Other Workers)

• You must be able to perform unskilled labor (requiring less than two years training or experience), that is not of a temporary or seasonal nature, for which qualified workers are not available in the United States; and
• A labor certification and a permanent, full-time job offer are required.

For more information, visit our EB-3 Employment-Based Immigration: Third Preference EB-3 and Visa Availability and Priority Dates pages.

Petitions for certain classifications must be filed with an original individual labor certification from the U.S. Department of Labor (DOL). For information on the filing requirements and fees for a labor certification request with DOL, please visit the Foreign Labor Certification page at the U.S. Department of Labor website.

Premium processing is available for eligible classifications. For information, see our How Do I Use the Premium Processing Service? page.

Your employer must:

• Read the instructions for Form I-140, Immigrant Petition for Alien Workers;
• Obtain an approved Application for Permanent Labor Certification from the U.S. Department of Labor (DOL), if required for the specific visa category;
• Complete and sign Form I-140;
• Pay the filing fee, if applicable; and
• Provide all required evidence and supporting documentation.

As part of the application process, your employer must be able to demonstrate an ability to pay the offered wage as of your visa priority date.

Want status updates about your case? Learn how to create a USCIS online account to stay informed.

Once we receive your Form I-140, we will process your petition and you will receive a:

• A receipt notice confirming we received your application
• A biometric services notice, if applicable
• A notice to appear for an interview, if required
• A notice of a decision

• Form I-140
• Use our Fee Calculator to help determine your fee.
• Form I-907
• Find the fee information on Our Fee Schedule page.