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The EB-3 visa, also known as the Employment Based Third Preference visa, enables U.S. employers to bridge gaps in their workforce by hiring foreign workers when there is a shortage of U.S. workers. EB-3 visas also provide a pathway to permanent residency for both skilled and unskilled foreign workers seeking to permanently live and work in the United States. The EB-3 visa category is designed for “skilled workers,” “professionals,” and “other workers.”
Skilled workers are foreign nationals whose job roles demand a minimum of 2 years of training or work experience. This category does not permit temporary or seasonal positions. Examples of skilled workers include graphic designers, journalists, reporters, some computer and technical workers, and stonemasons.
Professionals are workers who hold a U.S. bachelor’s degree or an equivalent foreign degree, and who belong to a recognized profession. The job role that the professional is filling must demand a bachelor’s degree as the minimum requirement for entry into that occupation. Some examples of workers who would fit into the EB-3 Professional category include lawyers, engineers, doctors, and teachers.
This sub-category is for individuals who perform unskilled labor that does not require more than two years of training or experience. Due to annual visa limit restrictions, the “other workers” category often faces extended wait times for visa availability compared to the “skilled workers” and “professionals” categories. Examples of foreign nationals who would be considered “Other Workers” include farm workers, nurse’s aides, nannies, and janitors.
One of the most important requirements across all EB-3 visa subcategories is that you must have a full-time job offer from an employer in the U.S. to apply for the visa. The employer must be willing to sponsor you for a green card by filing a Form I-140, which is the Immigrant Petition for Alien Worker. This form serves as an official petition that, if approved, will allow you to live and work in the U.S. on a permanent basis.
In addition, the employer must first obtain a certified PERM application from the U.S. Department of Labor (DOL). This certification is an important part of the process as it establishes that there is a lack of U.S. workers who are available, willing, and suitably qualified to fill the offered position. The certification also confirms that the employment of foreign workers will not negatively impact the wages and working conditions of U.S. workers employed in similar roles.
Once the labor certification (PERM) and Form I-140 are approved, and a visa number becomes available, you can then proceed to apply for a green card. The availability of a visa number will be based on your country of nationality and the petition’s priority date, which is the date when the PERM application was accepted for processing by the Department of Labor. However, not all positions will need to go through the PERM process. The DOL has a special “Schedule A” list for these types of positions, which allows them to be fast-tracked through the EB-3 process due to labor shortages in certain fields. Nursing is one of the occupations on the Schedule A list.
Nurses figure prominently on the EB-3 Schedule A list because the United States has an ongoing nursing shortage. As a result, a prospective employer does not need to obtain a labor certification before sponsoring a nurse for a position. To qualify, a nurse must have a full-time job offer from a U.S. employer, hold a valid RN license, and have English proficiency. The nurse must also pass the national licensure exam (NCLEX-RN). The remaining steps are then similar to those for other EB-3 workers. The employer must then file an I-140 immigrant petition on the nurse’s behalf, and if it is approved, the nurse may apply for an immigrant visa through consular processing or adjustment of status. Once granted, the nurse will then become a lawful permanent resident status, with full authorization to work in the United States.
The process of securing an EB-3 visa can be intricate and time-consuming, requiring careful planning, thorough preparation, and a great deal of patience. This process ensures that both the needs of U.S. employers and the rights and opportunities of foreign workers are properly safeguarded. At US-ILC, we can provide expert guidance to help you determine whether an EB-3 visa is the best course of action. If so, our skilled attorneys can lead you through the entire process.
No. Licensed practical nurses (LPNs) are not considered professional Registered Nurses (RNs) for Schedule A/EB-3 purposes
The I-140 immigrant petition can be submitted through premium processing. However, applicants are still subject to visa availability based on their priority date and country of birth.
You do not need to have a bachelor’s degree to qualify for a Schedule A/EB-3 nursing position because nursing is usually classified under the skilled worker category rather than the professional category, which requires the minimum of a bachelor’s degree.
