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EB-3 Employment Based Third Preference

Description

There are many ways for foreign nationals to obtain lawful permanent resident status in the U.S.A. An employer may sponsor a foreign national for lawful permanent residence in the U.S.A. Some employment-sponsored applications require a labor certification. The employment-sponsored applications in EB3 generally require labor certifications. This is detailed below.

Requirements

    Listed below are the three categories of EB3 and each of their requirements:
  1. Persons with a bachelor's degree or its equivalent.
    This requires all of the following:
    1. A labor certification
    2. An official academic record showing that the alien has a U.S. bachelor's degree or an equivalent foreign degree
    3. Evidence that a bachelor's degree is required for the occupation
  2. Persons with two years of training or experience.
    This requires all of the following:
    1. A labor certification
    2. Evidence that the alien has two years of training or experience
    3. Evidence that two years of training or experience is required for the occupation
  3. Persons without a bachelor's degree or its equivalent or two years of training or experience (unskilled workers, also known as "other").
    This requires all of the following:
    1. A labor certification
    2. Evidence that the alien has met the requirements for the occupation

Family Members

The spouse and minor, dependent children of the foreign national may be entitled to apply for permanent residence at the same time, as described above. Once the I-485 applications for the spouse and minor, dependent children are received by INS, they may apply for INS employment authorization.

Duration of Visa

Lawful permanent resident status is permanent as long as residence in the U.S.A. is maintained and no violations of status occur. After five years in lawful permanent resident status, an application for naturalization (U.S. citizenship) may be filed.

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