When an employer files an initial visa petition (Form I-140) for an EB-3 worker to receive a green card, it must include a large number of supporting documents. These serve to prove that the would-be immigrant has the necessary background and qualifications to apply in the Third Preference worker category and that this background is a match for the offered job.
Below is a handy checklist of the documents that will be needed within each subcategory of the EB-3 employment visa.
In the Professional Workers Subcategory (EB-3A)
If the employee is seeking a green card as a professional worker, the I-140 petition must include:
- Evidence that the employee has a U.S. baccalaureate (B.A.) degree or equivalent foreign degree.
- Evidence that a B.A. is required for the job.
In the Skilled Worker Subcategory (EB-3B)
If the employee is seeking a green card as a skilled worker, the I-140 petition must include:
- Evidence that the employee meets the educational requirements, and has the minimum two years’ training or experience required for the job.
In the Unskilled Worker Subcategory (EB-3C)
If the employee is seeking a green card as an unskilled worker, the I-140 petition must include:
- Evidence that the employee meets any educational, training, or experience requirements of the job.
If The Employer Did Not Seek a Labor Certification Because It's a "Schedule A" Job:
Regardless of which subcategory the worker is in, the employer may have been able to skip the labor certification part of the process if the job is one of those listed on "Schedule A." If so, documents to add to the I-140 petition include:
- An original and one copy of Application for Permanent Employment Certification (Form ETA-9089), including a prevailing wage determination from the SWA. The form need not be certified, but must be signed by an authorized official of the petitioning company.
- Evidence of compliance with the posting/union notification requirements, including a copy of the posted notice and of any in-house postings via electronic or other media.
Schedule A, Group I: Medical Occupations
In Group I of Schedule A, also add to the I-140 petition:
- Evidence that notice of filing the Application for Permanent Employment Certification was provided to the bargaining representative of the employer’s employees.
Physical Therapists (Subcategory of Group I)
For physical therapists, submit either:
- Copy of a U.S. state physical therapist license, or
- Letter from the state physical therapy licensing agency stating that the therapist meets all the qualifications to sit for the state exam.
Registered Nurses (Subcategory of Group I):
For registered nurses, submit either:
- Copy of a full and unrestricted state nursing license to practice in the state where the nurse will be employed
- Copy of the nurse’s certificate from the Commission on Graduates of Foreign Nursing Schools (CGFNS) , or
- Evidence that the nurse has passed the National Council Licensure Examination for Registered Nurses (NCLEX-RN).
Group II: Exceptional Ability in the Arts or Sciences
For Group II applicants on the Schedule A list, submit either:
- Documentary evidence showing the widespread acclaim and international recognition accorded the person by recognized experts in the field.
- Documentation showing that the employee’s work in the artistic or scientific field during the past year did, and his or her intended work in the United States will, require exceptional ability.
- At least two of the following:
- Documents proving that the employee has won internationally recognized prizes or awards in his or her field of work.
- Documents showing membership in selective international associations—associations that require outstanding achievement of their members, as judged by recognized international experts.
- Articles about the employee’s work appearing in relevant professional publications, including the title, date, and author of such published material.
- Documents proving that the employee has acted as a judge in international competitions in the field or an allied field.
- Evidence of original scientific or scholarly research contributions, which were of major significance in the field.
- Copies of scientific or academic articles by the employee that have been published in international journals (including professional journals with international circulation).
- Documents proving that the employee’s artistic work has been exhibited in at least two different countries.
Performing artists must additionally provide:
Documentary evidence that their work experience during the past 12 months did require, and the intended work in the United States will require, exceptional ability, such as:
Documentation showing current widespread acclaim and international recognition, and receipt of internationally recognized prizes or awards for excellence.
Published material by or about the artist, such as critical reviews or articles in major newspapers, periodicals, and/or trade journals (including the title, date, and author of such material).
Documentary evidence that the artist’s earnings have been commensurate with claimed level of ability.
Playbills and star billings.
Documents showing the outstanding reputation of the theaters, concert halls, night clubs, and other establishments in which the artist has appeared or is scheduled to appear.
Documents showing the outstanding reputation of theaters or repertory companies, ballet troupes, orchestras, or other organizations in which or with which the artist has performed during the past year in a leading or starring capacity.
For more information, see EB-3 Visa for Professional, Skilled, or Unskilled Workers.