EB-3 Application Requirements and Subcategories

In EB-3, the suitability of both the job and the candidate is evaluated. A true permanent, full-time offer from a U.S. employer must be available, the candidate must meet job requirements, and in most cases the labor certification process must be completed. The three subgroups are based on different educational and experience structures. ¹²

Skilled worker: Job that requires at least two years of preparation

In the skilled worker group, it is important that the job requires at least two years of education or experience and that the candidate has the necessary qualifications. How relevant education or experience counts is evaluated together with the actual conditions of the job and the records presented. The job should not be temporary or seasonal. ¹

Employer letters should describe dates and duties. Just having been in a workplace for a long time does not automatically indicate the experience required for the job offered. The connection between the contents of previous tasks and the conditions of the new job should be clear. ¹³

Professional: Appropriate bachelor's degree

The professional subgroup evaluates a U.S. bachelor's degree or foreign equivalent and appropriate education required by the profession. It should not be assumed that the degree requirement in the regulation is met by arbitrarily combining experience or multiple different trainings. It must be shown which academic degree has which equivalence. ¹

Diploma, transcript and educational evaluation can be reviewed together when necessary. However, the conclusion of an evaluation report must be consistent with the content of the actual academic records. There must be a real connection between the job conditions and the candidate's education. ¹

Other employees: Jobs requiring less than two years of education or experience

This subgroup may include suitable permanent jobs requiring less than two years of education or experience. The phrase “other employees” does not mean that the employer cannot impose any real conditions or that everyone is suitable for all jobs. The candidate must meet the legitimate requirements of the job. ¹

The visa number limitation and bulletin line for this group may be separate. Just because the application requires less training does not necessarily mean that the process will be faster. Visa order is monitored separately from legal compliance. ⁴

Reality and conditions of the job offer

The offer must be permanent, full-time and real. Duties, place of work, pay and minimum conditions must be consistent across the different documents of the application. Constructing the job on paper solely for the purpose of creating an immigration application is not an acceptable basis. ¹²

The employer's activities and business needs must be explained with documentation. Offering a job to a candidate in exchange for payment does not in itself indicate that a real and suitable job is available. In particular, fee agreements and the scope of service should be examined independently. ²

PERM and Schedule A distinction

Most files require PERM labor certification. The employer meets appropriate wages and employment conditions. The candidate's qualifications to do the job and the evaluation of US employees in accordance with the legislation are separate factors. ²

Pathways for certain occupations, such as Schedule A, may offer a different procedure. These exceptions also include employer and candidate conditions. Professional license, education or other documents should be examined according to the path to be used. “No PERM” does not mean that the case is unconditional. ²

Employer's wage-paying capacity

The employer's ability to pay the offered wage must be demonstrated as of the relevant date. Tax, financial statements, or other appropriate records may be used. The mere prediction of future revenue generation does not always meet the capacity sought from the past. ¹

The personal wealth of the company owner and the financial situation of the employer are not the same. The legal structure of the company and the documents that can be used should be evaluated according to the case. The employer's desire to initiate the process does not remove the need for financial evidence. ¹

Candidate's suitability at the final session stage

Meeting I-140 requirements does not mean that all personal requirements for an I-485 or immigrant visa have been met. Entry history, status violations, unauthorized work, and other admissibility issues are also reviewed. The EB-3 file does not automatically delete existing violations. ⁵⁶

Therefore, immigration history should be evaluated as well as education and job offer before applying. It is of fundamental importance that the required qualifications are present at the application date and that the documents reflect reality consistently. ³