The EB-3 visa is provided to the foreign nationals who are:
a. skilled workers performing work, not of a temporary or seasonal nature, for which qualified workers are not available in U.S. The applicant should demonstrate the job experience and/or training of a minimum of two years;
b. professionals, performing work for which qualified workers are not available in U.S. and the applicant has at least a U.S. baccalaureate degree or a foreign equivalent and are member of the professions;
c. other workers, performing unskilled labor requiring less than two years of training or experience, not a temporary or seasonal nature.
With the application for the visa, the applicant should provide the labor certification from the Department of Labor on Form ETA-9089 along with a permanent and full-time job offer. The employer should file a Form I-140 and demonstrate an ability to pay the offered wage as on the visa priority date of the Applicant with the help of an annual report, federal income tax return or audited financial statements.
The visa applicable to the spouse of the EB-3 visa holders are E-34 (spouse of a skilled worker or professional) or E-W4 (spouse of an “other worker” category). The spouse shall be eligible to file for an Employment Authorization Document if the applicant applies for permanent resident status as a green card holder. The visa applicable to the children under the age of 21 of the EB-3 visa holders are E-35 (child of a skilled worker or professional) or E-W5 (child of an “other worker” category).