Employment-Based Third Preference

EB-3 Skilled Workers

You may be eligible for this immigrant visa preference category if you are a skilled worker. Skilled workers are persons who are capable of performing skilled labor and whose job requires at least 2 years training or experience, not of a temporary or seasonal nature. Skilled workers must also meet any educational, training, or experience requirements of the job opportunity. Relevant post-secondary education may be considered as training.

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Eligibility Requirements

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Regulatory Criteria

Training or Experience Requirement

The labor certification (or application for Schedule A designation) must require at least 2 years of experience or training. You must demonstrate that you have met any job requirements specified on the labor certification. Relevant post-secondary education may be considered as training.

Examples
  • Letters from current or former employers documenting at least 2 years experience
  • Official academic records demonstrating relevant post-secondary education
  • Evidence of vocational or technical training in the occupation

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 employers documenting relevant experience
  • Professional certifications or trade credentials
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Application Process

Job Offer

Obtain permanent, full-time job offer from U.S. employer requiring 2+ years experience.

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

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Frequently Asked Questions

What qualifies as 'skilled labor'?
Skilled labor is work that requires at least 2 years of training or experience, not of a temporary or seasonal nature. The labor certification must specify this minimum requirement.
Can education count toward the 2-year requirement?
Yes. Relevant post-secondary education may be considered as training for skilled worker positions that require at least 2 years of training or experience.
What is the difference between skilled and unskilled workers?
Skilled workers are persons whose job requires at least 2 years training or experience, not of a temporary or seasonal nature. Other workers (unskilled workers) are persons whose job requires less than 2 years training or experience.
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.

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For informational purposes only — not legal advice · Consult an attorney for your specific situation.