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EB-3: Skilled Workers

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If you have job skills which require at least 2 years of training or experience, or you have a combination of education and experience which is the equivalent of a bachelor's degree, AND you have a U.S. employer who is offering you a full time position which requires those types of skills or degree, then you may be able to qualify for U.S. Permanent Residency under the EB-3 category for "SKILLED WORKERS".

The EB-3 "SKILLED WORKERS" category is frequently used employment based categories. However, because of its popularity, it is sometimes oversubscribed, resulting in backlogs. Second, it absolutely requires a labor certification which can not be waived. The only other alternative to a Labor Certification is pre-certification is the job is classified in the Labor Department's Schedule A (e.g., for nurses and physical therapists).

The basic requirements for the EB-3 "SKILLED WORKERS" category are as follows:

FIRST: you must meet the educational, training, or experience and any other requirements of the job offered obtained by the employer;

SECOND: you must have a U.S. employer who is offering you a full time job which requires skills which need at least 2 years of training or experience, or require a bachelor's degree; and

THIRD: your employer must obtain a LABOR CERTIFICATION (PERM) on your behalf for the job position (unless the occupation qualifies under the Labor Department's Schedule A, which qualify as being pre-certified, e.g., for nurses and physical therapists).

Note that if you are a health care worker, it may be necessary for you to obtain the necessary health care certification (e.g., Commission on Graduates of Foreign Nursing Schools (CGFNS)).

Note also that the occupation can NOT be one of the occupations listed in the Labor Department's "Schedule B" list of occupations which the Labor Department has determined can not receive Labor Certifications.

 

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