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Eligibility and Filing
EB-3 classification includes:
a) Aliens with at least two years of experience as skilled workers;
b) Professionals with a baccalaureate degree; and
c) Other workers with less than two years experience, such as an unskilled worker who can perform labor for which qualified workers
are not available in the United States.
While eligibility requirements for the EB-3 classification are less stringent than the EB-1 and EB-2 classifications, you should be
aware that a long backlog exists for visas in the "other workers" category. The regulations for EB-3 workers are found at 8 CFR §
Skilled worker positions are not seasonal or temporary and require at least two years of experience or training. The training
requirement may be met through relevant post-secondary education. The Form ETA-750 (see Labor Certification on this web site)
states the job requirements, which determine whether a job is skilled or unskilled.
Professionals must hold a U.S. baccalaureate degree or foreign equivalent degree that is normally required for the profession.
Education and experience may not be substituted for the degree.
Other workers are in positions that require less than two years of higher education, training, or experience. However, due to the
long backlog, a petitioner could expect to wait many years before being granted a visa under this category.