Understanding Unskilled Workers Under the EB-3 Visa Category

An Employment-Based, Third Preference (EB-3) immigrant visa allows individuals to work and live in the United States on a permanent basis. Within the EB-3 visa category, there are three subcategories: professional workers, skilled workers, and unskilled workers. All three EB-3 subcategories require obtaining labor certification, proof of a permanent, full-time job offer from a U.S. employer, and filing Form I-140, Immigrant Petition for Alien Worker. This blog will discuss the eligibility criteria for an “unskilled worker” and what kinds of jobs are considered “unskilled” under the EB-3 visa category.

Unskilled Worker Eligibility

To be eligible as an unskilled worker under the EB-3 visa category, you must meet the following criteria:

• You must demonstrate the ability to perform unskilled labor (requiring less than 2 years training or experience) that is not of a temporary or seasonal nature.
• You must be performing work for which qualified workers are not available in the United States.
• You must meet any other requirements specified on the labor certification.

What Is Considered Unskilled Work?

Generally, occupations requiring less than two years of training or experience are usually considered unskilled. The following are examples of jobs that may be considered unskilled work under the EB-3 visa category:

• Agricultural Laborers: Jobs involving planting, harvesting, and cultivating crops – such as farm workers – often fall under the unskilled category, so long as the job is not of a seasonal nature.
• Construction Workers: Certain positions in the construction industry – such as laborers and helpers – may be classified as unskilled. These workers are involved in tasks like carrying materials, cleaning construction sites, and providing essential support to skilled trades.
• Hospitality and Service Industry Roles: Jobs in the hospitality sector – such as hotel housekeeping, janitorial services, and restaurant staff – are often considered unskilled. 
• Manufacturing and Assembly Line Workers: Positions on manufacturing and assembly lines that involve routine tasks and do not require advanced technical skills can be categorized as unskilled. 
• Landscaping and Groundskeeping Workers: Jovs involved in maintaining outdoor spaces – such as landscapers, gardeners, and groundskeepers – are often considered unskilled workers. Their tasks may include mowing lawns, planting flowers, and general maintenance.
• Fishermen and Seafood Processing Workers: Jobs in the fishing industry – including fishermen and seafood processing roles – may be classified as unskilled. 
• Domestic Workers: Certain domestic roles – such as housekeeping, nannying, and childcare – fall under the unskilled category.

Understanding what jobs are considered unskilled under the EB-3 visa category is crucial for those seeking employment opportunities in the United States. These unskilled positions play a vital role in supporting various industries, contributing to the nation’s economy, and offering valuable opportunities for foreign workers to contribute their skills and dedication to the U.S. workforce. If you are considering pursuing an EB-3 visa in an unskilled occupation, consulting with an immigration professional can provide valuable guidance throughout the application process.

If you have any questions about “unskilled workers” under the EB-3 visa category, contact our office today to set up a consultation with one of our attorneys!