A person may be eligible for an employment-based, third preference visa if one is a skilled worker, professional, or other worker. To qualify for EB-3, a PERM Labor Certification must be certified by the Department of Labor, showing that no qualifying U.S. worker is available for the position offered.
A “Skilled Worker” is a person whose job requires a minimum of 2 years training or work experience, not of a temporary or seasonal nature.
A “Professional” is a person whose job requires at least a U.S. baccalaureate degree or a foreign equivalent and is a member of the professions. Education and experience may not be substituted for a baccalaureate degree.
The “other workers” subcategory is for persons performing unskilled labor requiring less than 2 years training or experience, not of a temporary or seasonal nature.
A spouse may be admitted to the United States in E34 (spouse of a “skilled worker” or “professional”) or EW4 (spouse of an “other worker”). During the process where alien and their spouse are applying for permanent resident status, their spouse is eligible to file for an Employment Authorization Document (EAD). Minor children (under the age of 18) may be admitted as E35 (child of a “skilled worker” or “professional”) or EW5 (child of an “other worker”).