The United States allocates a certain number of permanent immigrant visas each year to aliens who can be classified as “skilled workers.”  This visa, known as an “Employment-Based Third Preference” or “EB-3” visa, is designed for qualified immigrants who are capable, at the time of petitioning for classification as an “EB-3” immigrant, of performing “skilled labor” that requires at least two years of training or experience—and that is not temporary or seasonal in nature—when qualified workers are not otherwise available in the U.S.  The distinction between “skilled” and “unskilled” workers is very important in light of the annual limitation of 10,000 visas imposed on unskilled workers.  While skilled workers may have a visa available to them, unskilled workers may have to wait an additional three years or longer before a visa becomes available.    

To qualify for an EB-3 visa as a skilled worker, the applicant must have a job offer from a U.S. employer who is willing and able to petition for the alien, and must have an approved labor certification from the U.S. Department of Labor.  Although the alien must possess the minimum necessary credentials for the job, it is important to note that it is the position offered that determines eligibility.  The position offered must be one that requires two years of experience or training; the fact that the alien has two years of training may not be relevant if the position offered requires less than two years of training or experience.  The alien must also possess the minimum credentials for the job, meaning that if the position requires three years of experience, the alien must in fact have three years of experience.  Relevant post-secondary education may be considered as training.    

The U.S. Citizenship & Immigration Services (USCIS) will only classify an applicant as a “skilled worker” if the U.S. Department of Labor agrees that the job requires skilled labor with at least two years of experience or training as a mandatory prerequisite for the position.  This determination is made through the labor certification process.  It is absolutely critical that the “skilled labor” argument be carefully and accurately made at the time of filing the labor certification application.  This may prove contentious when the petitioning employer contends that the position requires two years of experience, but the Department of Labor’s guidelines for vocational preparation indicates less than two years may suffice.  Effective advocacy is crucial to ensure accurate labor certification for the sake of preserving EB-3 eligibility. 

Individual’s eligible for an EB-3 visa—and that alien’s immediate family members—may be entitled to permanent residency in the United States, and may be eligible for citizenship after five years as a permanent resident.