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EB-3 skilled worker, professional or other worker

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Explore the five recorded questions, answers and sources for this pathway.

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What type of worker, employment situation, occupation or professional activity is this pathway actually designed for?

This immigrant visa preference category is for skilled workers, professionals and other workers. Skilled workers are capable of performing skilled labour in a job requiring at least 2 years training or experience; other workers (unskilled workers) are capable of performing unskilled labour in a job requiring less than 2 years training or experience; in both cases the job is not of a temporary or seasonal nature.

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Does the applicant need a job offer, employer, sponsor, transfer relationship or other employer involvement? What is important about that employer relationship?

EB-3 petitions require an employer sponsor: they are normally filed with a Department of Labor-approved permanent labour certification (Form ETA-9089, filed since June 1, 2023 through DOL's FLAG system), except for Schedule A occupations (DOL-designated shortage occupations), which do not need a labour certification.

See recorded sources
  • USCIS EB-3 page, Labor Certification section
    Third preference petitions are usually accompanied by an a signed Form ETA-9089, Application for Permanent Employment Certification, approved by DOL, or, for labor certification applications filed on or after June 1, 2023, using DOL’s Foreign Labor Application Gateway (FLAG) system, an approved and signed Form ETA-9089, Final Determination – Permanent Employment Certification Approval (Final Certification).
  • USCIS EB-3 page, Schedule A exception
    Petitions for Schedule A occupations are not required to have a DOL-approved labor certification. This is because DOL has already determined there are not sufficient U.S. workers for those occupations.

What are the few decisive professional characteristics of the pathway: occupation, qualifications, experience, salary, skill level, shortage status, labour-market condition or equivalent?

The professional sub-category requires at least a U.S. bachelor's degree or foreign equivalent, being a member of the professions, in a job that itself requires a minimum of a bachelor's degree. Skilled workers must be capable of performing skilled labour in a job requiring at least 2 years training or experience.

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What work does the permission allow? Is the holder tied to an employer, occupation or sector? Can family accompany where clearly established?

The permission is based on a permanent, full-time job offer from a U.S. employer (with labour certification or Schedule A designation). The spouse and unmarried children under 21 may apply with or after the worker for admission as lawful permanent residents. The official source does not state whether the holder is tied to the employer after obtaining permanent residence.

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Limits of the record
  • Whether the holder is tied to the employer after obtaining permanent residence is not stated in the captured sources

How long is the permission normally granted for, how is it renewed, and what longer-term residence direction exists if officially stated?

This is an immigrant visa category leading to admission as a permanent resident, with the Permanent Resident Card (Form I-551, green card) issued by mail. The official source does not state card validity or renewal.

See recorded sources
Limits of the record
  • Card validity and renewal not stated in the captured sources

These are the answers currently recorded in the catalogue. A missing or partial answer is not an eligibility decision.

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