Eligibility and Filing
EB-3 classification includes:
a) Aliens with at least two years of experience as skilled computer professionals; and
b) Computer professionals with a baccalaureate degree.
While eligibility requirements for the EB-3 classification are less stringent than the EB-1 and EB-2 classifications, you should be aware that a long backlog exists for visas in the “other workers” category. The regulations for EB-3 workers are found at 8 CFR ยง 204.5.
Computer professional positions are generally not seasonal or temporary and require at least two years of experience or training. The training requirement may be met through relevant post-secondary education. The Form ETA-750 (see Labor Certification on this web site) states the job requirements, which determine whether an Information Technology-related job is skilled or unskilled.
Professionals must hold a U.S. baccalaureate degree or foreign equivalent degree that is normally required for the profession. Education and experience may not be substituted for the degree.
