US EB-3 VISA FOR UNSKILLED WORKERS AND OTHERS

 

ELIGIBILITY CRITERIA

 

The “other workers” subcategory is for persons performing unskilled labor requiring less than 2 years training or experience, not of a temporary or seasonal nature.

 

EVIDENCE

 

You must be capable, at the time the petition is filed on your behalf, of performing unskilled labor (requiring less than 2 years training or experience), that is not of a temporary or seasonal nature, for which qualified workers are not available in the United States.

 

U.S. DEPARTMENT OF LABOR - LABOR CERTIFICATION


Third preference petitions must generally be accompanied by an approved, individual labor certification from the Department of Labor on Form ETA-9089.  In some cases, the petition may be submitted to U.S. Citizenship and Immigration Service (USCIS) with an uncertified ETA-9089 for consideration as Schedule A, Group I.

 

APPLICATION PROCESS


Your employer (petitioner) must file a Form I-140, Petition for Alien Worker. As part of the application process, your employer must be able to demonstrate an ability to pay the offered wage as of your visa priority date. Your employer may use an annual report, federal income tax return, or audited financial statement to demonstrate an ability to pay your wage.

 

FAMILY OF EB-3 VISA HOLDERS


Your spouse may be admitted to the United States in E34 (spouse of a “skilled worker” or “professional”) or EW4 (spouse of an “other worker”). During the process where you and your spouse are applying for permanent resident status (status as a green card holder), your spouse is eligible to file for an Employment Authorization Document (EAD).  Your minor children (under the age of 18) may be admitted as E35 (child of a “skilled worker” or “professional”) or EW5 (child of an “other worker”).

 

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