The EB3 checklist below provides a general idea of what is usually needed for an EB3 green card petition under the other workers (unskilled worker) subcategory. To have a better understanding of this list, please read the EB3 visa overview for the big picture and then please read the EB3 other workers (unskilled worker) subcategory for the details of what the other workers (unskilled worker) subcategory includes under the EB3 green card petition.
Please click to download the EB3 green card checklist for unskilled workers (other workers).
The overall emphasis on the documents and requirements/criteria of an EB3 green card petition under the unskilled worker (other workers) subcategory is that the job position offered must require the person to be qualified to perform an unskilled job that requires less (no more) than 2 years in training or work experience. The EB3 green card petition under the unskilled worker subcategory requires a job offer from a sponsoring U.S. employer and a PERM Labor Certification. One exception for the PERM labor certificate requirement to be waived is if the occupation falls under Schedule A.
The requirements for an EB3 green card petition can seem straightforward and simple at first glance, however, with further examination it becomes tricky when figuring out whether the person’s degree and experience can actually qualify or whether the job descriptions submitted in the PERM labor application is appropriate for the EB3 unskilled worker position. It is common practice and strongly encouraged to obtain an attorney for Employment-based green card petitions.
Alternatives to an EB3 Green Card Petition (Unskilled Worker)
Other employment-based green card alternatives to the EB3 green card under the unskilled worker (other workers) subcategory usually all involve a higher eligibility standard.
Closer Alternatives (Other EB3 Green Card Subcategories)
For people who qualify for the unskilled worker subcategory of the EB3 green card petition, a closer alternative that involves a slightly higher eligibility standard would be the skilled worker subcategory under the EB3 green card petition. The EB3 skilled worker green card petitions are for persons who are qualified to perform a job that requires at least 2 years in training or work experience.
Another closer alternative with a moderately higher eligibility standard to the EB3 green cards under the unskilled worker (other workers) subcategory would be the EB3 green cards under the professionals subcategory. The EB3 professionals green card petitions are for persons who are professional workers (i.e., members of a profession) with a bachelor’s degree and a job offer for a position that requires a bachelor’s degree under industry norms.
Other employment-based green card alternatives with a much higher eligibility standard would include:
EB1 Green Card Alternatives
The green card with the highest eligibility standards would be the EB1 green card due to it being reserved for people who are already highly professionally accomplished in their field of expertise. There are three types of workers under the EB1 green card petitions: (1) persons who are nationally or internationally recognized for their extraordinary ability in the sciences, arts, education, business, or athletics (EB1a green card), (2) professors or researchers who are internationally recognized as outstanding in their academic field (EB1b green card), or (3) executives or managers of multinational companies who have worked for the U.S. sponsoring employer overseas for at least 1 year (EB1c green card).
EB1 green card petitions do not require a PERM labor certification and the EB1a green card subcategory (for aliens of extraordinary ability) does not even require a specific U.S. employer for the petition just proof that the person will continue to work in their field of expertise. The EB1 green card petitions also have fewer visa availability backlog problems which makes it one of the fastest employment-based green card petitions.
EB2 Green Card Alternatives
EB2 green card petitions have an eligibility standard that is lower than the EB1 green card petitions but higher than the EB3 green card petitions. The EB2 green card includes two subcategories: (1) the advanced degree subcategory and (2) the exceptional ability subcategory. The advanced degree EB2 green cards are for persons who have at least a master’s degree (or have a bachelor’s degree and 5 years of post-college progressive work experience) and have a job offer for a position that requires that specific type of degree. The exceptional ability EB2 green cards are for persons who have exceptional ability in the sciences, arts, or business.
EB2 green card petitions can also be filed with a National Interest Waiver (NIW) or a Physician’s National Interest Waiver (PNIW) to avoid the PERM labor certification requirement and the U.S. sponsoring employer requirement. EB2 national interest waiver green card petitions (EB2 NIW) are for persons who qualifies for an EB2 green card and is also qualified in being able to make contributions that substantially benefit the United States as a nation. EB2 physician’s national interest waiver green card petitions (EB2 PNIW) are for certain doctors who agree to provide healthcare services in certain U.S. government-designated facilities or medical personnel shortage areas.
EB2 and EB3 Schedule A Green Card Alternatives
EB2 green card petitions and EB3 green card petitions can also be filed under Schedule A exceptions. Occupations under Schedule A are pre-certified by the U.S. Department of Labor as having a shortage in available and qualified U.S. workers. Current occupations under Schedule A include 2 groups: (1) Group I: professional nurses and physical therapists (usually for EB3 green card petitions), and (2) Group II: persons of exceptional ability in the performing arts, sciences, or arts (usually used for EB2 green card petitions).
Schedule A green cards do still need a U.S. sponsoring employer even though it does not need to go through the PERM labor certification (because it is pre-certified). The “exceptional ability” under Schedule A Group II has a higher standard than the “exceptional ability” in the regular EB2 green card petition because it requires additional proof that the person has achieved widespread acclaim and international recognition by experts in their field.
HAVE A EB3 GREEN CARD IMMIGRATION QUESTION? CONTACT US
If you have an EB3 green card (Professionals, Skilled Workers, Unskilled Workers) immigration question, please fill out our contact us form or send us an email with some basic information about your background and your immigration needs. We will do our best to respond within 48 hours.
How we can help?
Kylie Huang Law’s immigration attorney will help identify whether the EB3 green card is the appropriate immigrant visa category for the client’s (or the client’s beneficiary’s) professional background. We will work closely with our client to prepare a convincing case for their (or it’s) EB3 green card petition and we will also strategize on how the EB3 green card petition should be presented to achieve the best chances of approval. It is strongly advised and common practice to retain an immigration attorney for an EB3 green card petition due to the complexities in the immigration process and visa requirements.