This category also allows for 40,000 visas annually, plus any spilldown of unused visas from the EB-1 and EB-2 categories.. There are three sub-categories in this category. An applicant in each of these sub-categories must obtain a labor certification for his or her position.
An alien qualifies as a skilled worker if, at the time of petitioning for classification, he or she is capable of performing skilled labor requiring at least two years training or experience, and is being sponsored for a permanent position for which qualified workers are not available in the United States.
Professionals
This sub-category encompasses aliens holding baccalaureate degrees or their equivalent who are members of the professions. The employer must show that no qualified U.S. workers are available for the job.
Other workers
This sub-category is reserved for aliens capable of performing unskilled labor, not of a temporary or seasonal nature, for which qualified workers are not available in the United States. A cap of 10,000 visas within the overall 40,000 annual limit for the EB-3 category is set for applicants seeking to qualify in this sub-category.