EB-3: Skilled Workers, Professionals, Other Workers
§ 203(b)(3) the
Immigration and Nationality Act of 1952 ("Act"), Pub.
L. No. 82-414, 66 Stat. 163,
8 U.S.C. § 1153(b)(3).
(c) 1999 VIKRAM BADRINATH, P.C. All rights reserved.
The "Employment Based Third Preference" petition is an immigrant petition which allows some aliens to apply for lawful permanent residence in the United States on the basis an offer of employment from a United States employer. The third preference category includes: skilled workers, professionals, and "other workers."
In order to be eligible to apply for lawful permanent residence in the Employment Based Third Preference category, an alien must be the beneficiary of an approved petition from U.S. INS classifying him as being eligible to immigrate in the Third Preference category.
The Third Preference petition must be accompanied by a labor certification application (See Labor Certification Application) and an offer of employment from a United States employer.
The first step is the filing of a labor certification application on behalf of an alien by the employer. The second step is the filing of an "Immigrant Petition for Alien Worker" by the employer on behalf of an alien on U.S. INS Form I-140. This Petitionis filed with the U.S. INS office that has jurisdiction over the place of employment or intended employment. The INS approval of the I-140 makes an alien eligible to file an application for permanent residence in the Third Preference category.
The filing date of the labor certification will establish a priority date for the alien. An alien cannot file the application for permanent residence until the priority date is approved and current.
If an alien with an approved I-140 Petition is residing in the United States in a valid status at the time the priority date becomes current, an alien may file for Adjustment of Status on U.S. INS Form I-485. (See Adjustment of Status) If an alien is not residing in the United States when the priority date becomes current, he or she must file an application for an immigrant visa at the United States Consulate in his or home country, based on the INS approval of the Petition for Alien Worker. See Consular Processing.
For more information about Employment Based Immigration, please contact us by email, telephone, or fax or schedule an appointment to have your individual case discussed and analyzed by an attorney.