You may be eligible for this immigrant visa preference category if you are a professional. Professionals are persons who hold at least a U.S. bachelor's or foreign equivalent degree and are a member of the professions. Their jobs require a minimum of a bachelor's degree. Professionals must also meet any educational, training, or experience requirements of the job opportunity.
You must hold at least a U.S. bachelor's or foreign equivalent degree
You must be a member of the professions
The job must require a minimum of a bachelor's degree as the normal requirement for entry into the occupation
You must meet any educational, training, or experience requirements of the job opportunity
Labor certification (or application for Schedule A designation) and a permanent, full-time job offer from a U.S. employer required
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Regulatory Criteria
Bachelor's Degree Requirement
The labor certification (or application for Schedule A designation) must require at least a U.S. bachelor's or foreign equivalent degree, and a bachelor's degree is the normal requirement for entry into the occupation. Education and experience may not be substituted for a bachelor's degree.
Examples
Official academic record showing U.S. bachelor's degree or foreign equivalent
Evidence that bachelor's degree is the normal requirement for entry into the occupation
Credential evaluation if degree is from a foreign institution
Job Requirements
You must demonstrate that you have met any job requirements specified on the labor certification (or application for Schedule A designation). This evidence may include official academic records and letters from current or former employers.
Examples
Official academic records demonstrating qualifications
Letters from current or former employers documenting experience
Professional licenses or certifications if required by the position
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Application Process
Job Offer
Obtain permanent, full-time job offer from U.S. employer requiring a bachelor's degree.
Prevailing Wage
Employer requests prevailing wage determination from DOL for the position.
Recruitment
Employer conducts required recruitment to test the U.S. labor market.
PERM Filing
Employer files ETA-9089 with Department of Labor (or via FLAG system for applications after June 1, 2023).
PERM Approval
DOL reviews and approves the labor certification (Final Determination).
I-140 Filing
Employer files Form I-140, Immigrant Petition for Alien Workers.
I-140 Approval
USCIS adjudicates the immigrant petition.
Green Card
When priority date is current, file for Adjustment of Status or Consular Processing.
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Key Benefits
Path to permanent residency through employment
Spouse and unmarried children under 21 may apply for admission as lawful permanent residents
Schedule A occupations may bypass individual labor certification
Premium Processing available for I-140 petition
Clear employer-sponsored pathway to Green Card
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Documents Needed
Valid Passport
Official Academic Records (transcripts, diplomas showing bachelor's degree)
Credential Evaluations (if foreign degree)
CV / Resume
Letters from Employers documenting experience
Professional Licenses or Certifications (if applicable)
Approved PERM Labor Certification (ETA-9089 / Final Determination)
Prevailing Wage Determination
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Frequently Asked Questions
What is the difference between EB-2 and EB-3 Professionals?
EB-2 requires an advanced degree (master's or higher) or exceptional ability. EB-3 Professionals requires only a bachelor's degree where a bachelor's is the normal requirement for entry. EB-2 generally has shorter wait times than EB-3.
Can I substitute experience for a bachelor's degree?
No. For the EB-3 Professionals sub-category, education and experience may not be substituted for a bachelor's degree. You must hold at least a U.S. bachelor's degree or foreign equivalent.
What are Schedule A occupations?
Petitions for Schedule A occupations are not required to have a DOL-approved labor certification because DOL has already determined there are not sufficient U.S. workers. Group I includes professional nurses and physical therapists. Group II includes beneficiaries with exceptional ability in the sciences or arts.
Can I bring my family?
Yes. If your I-140 petition is approved, your spouse and unmarried children under the age of 21 may be eligible to apply with or after you for admission to the United States as lawful permanent residents based on your approval.
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Fees
Attorney Fee for PERM
$6,000 (Initial $2,000; then $500/month)
PERM Advertisement Fee (location-dependent)
$500-$5,000
I-140 Attorney Fee
$1,800
I-140 USCIS Fee
$715
Premium Processing (optional)
$2,805
Asylum Program
$600/$300/$0
Fees are estimates and may change. Contact us for a quote for your specific case.
Need help with your immigration case?
Hasan Legal PC attorneys handle USCIS petitions, family immigration, employment-based green cards, and naturalization across Washington DC, Virginia and Maryland.