What is the Employment-based, Third Preference Category?
The third preference category (EB-3) has three different classifications for permanent residence. This includes skilled workers, professionals, and unskilled workers.
Skilled workers are those who will fill a position that requires a minimum of two years of training or experience. Post-secondary education relevant to the position may be considered as training.
A professional under the third preference classification must possess, at a minimum, a baccalaureate degree or foreign equivalent. The employer must demonstrate that such a degree is the normal requirement for entry into the occupation.
Unskilled workers are those who will fill a position that requires less than two years of training or experience.
Immigrant visas under the third preference employment category must be based on a full-time, job offer for permanent employment. In other words, the position cannot be temporary or seasonal in nature. Like the second preference category, the employer must complete the PERM labor certification process for the EB-3 category. The only exception is if the position falls under Schedule A, which is reserved for registered nurses, physical therapists, and workers of exceptional ability. Those positions are considered “pre-certified.”
IMMLAW Attorneys who practice in this area include…
Danielle focuses on United States immigration and nationality law and on employment-based immigration. She represents U.S. companies and their foreign national workforce in navigating the processes for visa and permanent residency applications. She also represents foreign traders and investors seeking work authorization in the United States, as well as Canadian citizens seeking entry to the United States under the U.S. Mexico-Canada-America free trade agreement (USMCA). She helps immigrants find legal paths of entry by filing petitions with U.S. Citizenship and Immigration Services, preparing foreign nationals for visa interviews at U.S. embassies, and navigating land and air ports of entry to the United States.
See Danielle Rizzo's full profile
Ester Greenfield is of counsel at MacDonald, Hoague & Bayless, in Seattle, Washington, and her practice is limited to immigration law. She represents employers and individuals in business and family immigration cases as well as citizenship matters.
See Ester Greenfield's full profile
Jan Pederson is recognized by The Washington Post as one of “seven leading lawyers” in Washington, D.C. She has been dedicated to the practice of immigration and nationality law for over forty years. She has successfully represented thousands of clients – including renowned physicians, Fortune 500 companies, television networks, entertainers, and healthcare providers of all sizes – and is masterful at resolving complex immigration issues.
See Jan M. Pederson's full profile
Peter Williamson has practiced immigration law with Chamberlain, Hrdlicka, White, Williams & Aughtry since 2007. He is Board-certified, Texas Board of Legal Specialization (TBLS), Immigration and Nationality Law (1979-present) and is a member of the College of the State Bar of Texas (Texas Monthly "Super Lawyer," 2003 - 2013) and is a member of the State Bar of Texas.
See Peter D. Williamson's full profile
T. Douglas Stump is Past-President of the 15,000 member American Immigration Lawyers Association. He is annually listed in Best Lawyers in America for Immigration Law and has frequently been recognized as Lawyer of the Year in Oklahoma.
See T. Douglas Stump's full profile
KATHRIN S. MAUTINO is certified as a specialist in immigration and nationality law by the State Bar of California, Board of Legal Specialization, one of fewer than 200 attorneys so certified in any given year. She regularly writes and speaks on immigration issues to various regional and national audiences, and practices in a wide cross section of immigration areas, including both family and employment law, naturalization and Federal Court litigation.
See Kathrin S. Mautino's full profile
MARGARET D. STOCK is a member of IMMLAW, the National Consortium of preeminent immigration law firms with affiliate offices in 21 gateway cities throughout the United States. She has practiced immigration law for more than twenty-five years and is a member of the American Immigration Lawyers Association, the Alaska Bar Association, and the New York City Bar Association. Ms. Stock concentrates her practice on immigration issues relating to the military and national security, but also handles a wide variety of all types of immigration and citizenship cases. She was recognized in 2013 as a MacArthur Foundation Fellow for her work in the field of immigration and national security.
See Margaret D. Stock's full profile
Although pursued by national and regional law firms over the years, in late 2010, Susan went back to her own firm, ImLaw, PC, to offer clients the benefits of a personal level of service, backed by more than 25 years of experience resolving immigration cases for clients that include small to medium-sized employers, Fortune 100 and 500 companies, individual and corporate investors, students, and other individuals. She currently has a team of seven, consisting of three attorneys, two paralegals, one legal assistant, and one billing specialist.
See Susan S. Im's full profile
Lori Chesser is a senior shareholder and chair of the Immigration Department at Dentons Davis Brown in Des Moines, Iowa. Her practice encompasses business immigration, employment verification (I-9 review, audits and E-Verify), and family immigration, as well as related areas including employment, tax, health, corporate formation and contracts.
See Lori T. Chesser's full profile
MICHAEL R. JARECKI is the principal of Jarecki Law Group, LLC in Chicago, a full-service U.S. immigration firm that provides customized representation for businesses, individuals and families. His practice includes all areas of immigration law, including representation before immigration agencies and courts, handling appeals from agency and court decisions, and litigating immigration issues in the U.S. federal courts.
See Michael R. Jarecki's full profile
Marcine A. Seid is a globally-recognized speaker, practitioner, and thought leader in U.S. business immigration matters. She has more than 25 years of experience advising and representing clients in connection with nonimmigrant and immigrant visa petitions and immigration-related corporate compliance issues, including Form I-9 audits and worksite enforcement actions. She also founded and served as principal attorney of the Seid Law Group, recognized by U.S. News and World Report as one of the top immigration law firms in the United States.
See Marcine Seid's full profile
David A. M. Ware graduated from Yale University in 1977, receiving his B.A. in Latin American Studies. He completed his Juris Doctor at the University of Texas in 1981, and has practiced exclusively in the area of immigration and nationality law since 1982.
See David A. M. Ware's full profile
Nicole Simon is the Managing Partner of Landau, Hess, Simon, Choi & Doebley. She represents businesses and individuals in all areas of immigration law, including employment-based nonimmigrant and immigrant visas, family-based cases, and naturalization.
See Nicole Simon's full profile
Savitz Law Offices provides U.S. Immigration Law services and expertise in business immigration law for employers and their employees, especially STEM (Science, Technology, Engineering, and Math) fields, including obtaining temporary work status and visas (H-1B, L-1, TN, etc.) and Green Cards.
See Bennett Savitz's full profile
Rita Sostrin is a founding partner of Sostrin Immigration Lawyers, LLP. Prior to launching Sostrin Immigration Lawyers in 2010, she worked at top immigration law firms and served in various leadership positions on behalf of the American Immigration Lawyers Association (AILA).
See Rita Sostrin's full profile
Tarik H. Sultan is a shareholder in the firm of Wolf Sultan Vazquez P.C. in Tucson, Arizona. He has served on the National Board of Governors for AILA, as well as on numerous national liaison committees with the Departments of Labor, Justice and Homeland Security. His practice is focused in all areas and aspects of immigration law, with a particular emphasis in employment-based visas and employer sanctions defense. Mr. Sultan has been listed in The Best Lawyers in America since 1999, Superlawyers since 2007 and is listed in Martindale Hubbell’s Bar Register of Preeminent Lawyers.
See Tarik H. Sultan's full profile