Employment-Based Third Preference (EB-3)

The EB-3 visa category consists of: 

• Foreign nationals with at least two years of experience as skilled workers;
• Professionals with a baccalaureate degree; or
• 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.

Eligibility requirements for the EB-3 classification are less stringent than the EB-1 and EB-2 classifications.  The regulations for EB-3 workers are found at 8 CFR § 204.5(l).

1. 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. Form ETA-9089 (Labor Certification) states the job requirements, which determine whether a job is skilled or unskilled.
2. Professionals must hold a U.S. baccalaureate degree or equivalent foreign degree that is normally required for the profession.  Education and experience may not be substituted for the degree.  Unlike EB-2 advanced degree professionals category or the H-1B temporary workers category, the EB-3 category does not recognize a combination of education and experience as the equivalent of a baccalaureate degree.
3. Other Worker positions require less than two years of higher education, training, or experience.