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Employment-based Green Card

EB-3 Categories

In certain cases, your current or future employer in the U.S. can petition for your Green Card. This process is in general limited to foreign nationals who have not violated their non-immigrant status or overstayed their visa, with some minor exceptions. Note that your U.S. employer could be a business or an individual. And you, the potential employee, don’t even have to be present in the U.S.


Jobs that qualify for EB-3 category might include:

“Skilled workers” - persons whose job requires a minimum of 2 years training or work experience, not of a temporary or seasonal nature. Some examples may include: Advertising Sales Agents, Chefs and Head Cooks, Cooks in Private Household, Electricians, Home Appliance Repairers, Nannies, Plumbers, Web Developers, and many more. 
“Professionals” - persons whose job requires at least a U.S. baccalaureate degree or a foreign equivalent and are a member of the professions. Accountants, Architects, Financial Analysts, Market Research Analyst, Midwives, Software Developers, Statistical Analysts, and many more. 
The “other workers” subcategory - persons performing unskilled labor requiring less than 2 years training or experience, not of a temporary or seasonal nature. Some examples may include: Childcare Workers, Cement Masons and Concrete Finishers, Construction Carpenters, Drywall and Ceiling Tile Installers, Cooks, Floor Sanders and Finishers, Personal Care Aides (assisting elderly), and many more.


Here are some general rules that apply to EB-3 process: 

  1. Employer offering you the job must provide full-time, permanent employment;

  2. The Department of Labor must certify that US workers qualified for the job being offered are unavailable to fill the position based on the recruitment conducted by the employer;

  3. You must meet the minimum requirements for the job;

  4. The employer must be able to pay your salary;

  5. Your and employer must both intend for you to undertake the position; and

  6. An immigrant visa number must be available to finalize process for permanent residence.


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