Professionals with a Bachelor’s Degree (EB-3A)
EB-3A, Professionals are defined as aliens who have at least a U.S. baccalaureate degree or a foreign equivalent and are members of the professions. Different from H-1B Professional Workers, aliens with combined education and work experience cannot be treated to have the equivalent of a bachelor’s degree, but they can qualify as skilled worker.
Basic Requirements
- You must be able to demonstrate that you possess a U.S. baccalaureate degree or foreign degree equivalent, and that a baccalaureate degree is the normal requirement for entry into the occupation
- You must be performing work for which qualified workers are not available in the United States
- Education and experience may not be substituted for a baccalaureate degree
Labor Certification (LC): Labor certification and a permanent, full-time job offer required.
Application Process
Your employer (petitioner) must file a Form I-140, Petition for Alien Worker. As part of the application process, your employer must be able to demonstrate an ability to pay the offered wage as of your visa priority date. Your employer may use an annual report, federal income tax return, or audited financial statement to demonstrate an ability to pay your wage.