Skilled workers, classified as EB-3B in the U.S. immigration law, have two years or more of relevant technical training or work experience, and the work they are engaged in is professional work that doesn’t require a degree. It is worth noting that if the foreigner has at least two years of relevant technical training or work experience, but the job offered by the US employer does not require at least two years of relevant technical training or work experience to be qualified, that job does not qualify under the EB-3B requirements.

In some fields of work, it is easier for skilled workers to apply than professionals with a bachelor’s degree. For example, in the catering industry, Chinese chefs who need two years of work experience can better prove that the United States lacks chefs who can cook Chinese food, and it is easier to obtain permanent resident status.

EB-3B common positions include Paralegals, Teaching Assistants, Ship Fitters/Marine Welders, Divers, Chefs/Butlers, etc.

EB-3B skilled workers with more than two years of work experience must be provided by a U.S. employer with a permanent full-time job to apply for immigration. The U.S. Department of Labor (DOL) requires employers to promise to pay foreign workers wages not lower than the prevailing wage standard (Prevailing Wage Determination, PWD), so the employer must first obtain the general salary application from the State Labor Bureau, and through a series of recruitment advertisements, prove that there are no qualified American workers in the local labor market, and then submit a permanent labor certification (PERM) application to the Department of Labor, requesting labor The Department approves applications for positions that are in short supply in the U.S. labor force. Only after approval can the foreigner submit the I-140 employment-based immigrant application to the USCIS.

Unskilled/Other Workers with less than two years of work experience or training are classified as EB-3C in the U.S. immigration law. It is worth noting that even if the foreigner has more than two years of work experience or training experience but the U.S. employer does not require more than two years of work or training experience for the position, the foreigner would be considered an EB-3C unskilled worker, not an EB-3B worker.

EB-3B technicians, that is, to judge whether a job position requires at least two years of relevant technical training or work experience depends on the minimum requirements for the job position on the labor certificate approved by the Ministry of Labor. Therefore, the employer’s minimum requirements for the job in the labor certification application are the key to determining which category of the immigrant petition falls under the third preference category.

For EB-3C visas, the good news is that the recruitment problem cannot be solved domestically since, in many cases, the wages and working conditions of unskilled workers may be worse than those of professionals and skilled workers. At present, there is the largest shortage of such workers in the United States. In addition, there are no special requirements for foreigners’ language, education, foreign language, and work experience to obtain immigrant visas with the qualifications of American employers, so the visa approval rate is the highest. However, because the annual quota for non-technical personnel is only 10,000 places, and unused places from other categories cannot be used, the waiting time may be very long.

Common EB-3C positions include food processing factory workers, building sweepers, road cleaners, laundry workers, food processing workers, restaurant waiters, kitchen helpers, etc.

EB-3C unskilled workers with less than two years of work experience must be provided by a U.S. employer with a permanent full-time job to apply for immigration. The U.S. Department of Labor (DOL) requires employers to promise to pay foreign workers wages not lower than the prevailing wage standard (Prevailing Wage Determination, PWD), so the employer must first obtain the general salary application from the State Labor Bureau, and through a series of job advertisements, prove that the local labor market does not have qualified American workers, and then submit a permanent labor certification (PERM) application to the Department of Labor, requesting The Department of Labor approves applications for positions that are in short supply in the U.S. labor force. Only after approval can the foreigner submit the I-140 employment-based immigrant application to the USCIS.