EB 3-C Visa

Other Workers

Definition:

The United States Citizenship and Immigration Services (USCIS) defines “other workers” as individuals who are engaged in unskilled labor and need less than 2 years of training or experience. But it does not include unskilled workers engaged in temporary or seasonal work or contracts..

Who Qualifies?

Foreigners and Non-USA Citizens Who

  • Are able to perform unskilled labor (that needs less than 2 years of experience or training).
  • Are engaged in work that is NOT of a temporary or seasonal in nature.
  • Be involved in labor for which qualified workers are not available in the United States.

What’s The Benefit of EB 3-C Visa?

  • Unskilled workers get an opportunity to live and work in the USA.
  • They get to rise in their jobs because they have been employed due to dearth of qualified people in that industry.
  • They can get their spouse and minor children (under the age of 21) to live in the USA. Their spouse can be admitted in the USA as EW4 and can file for Employment Authorization Documents (EAD).
  • Such workers also become eligible for a permanent resident status.

 

Job Offer and Labor Certification

Unskilled workers need the Labor Certification and a permanent full-time job offer. This needs to be approved and individual labor certification from the Department of Labor on Form ETA-9089. More information for employers on Labor Certification is here.

Who files for EB 3-C visa?

The employer of the unskilled worker is his/her petitioner for EB 3-C visa. Such an employer must file Form I-140 – Petition for Alien Worker. The employer will need to show evidence of his/her capability of paying the worker offered wage. The employer can produce federal income tax return, annual report or audited financial statement for demonstrating this ability, according to the United States Citizenship and Immigration Services.