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The EB-3 Preference Category is reserved for three different type of workers - Skilled, Professional, and Unskilled Workers.  The EB3(1) is for the "skilled worker" who is a qualified alien capable, at the time of petitioning for the classification, of performing skilled labor requiring at least two (2) years training or experience, not of a temporary or seasonal nature, for which qualified workers are not available in the United States.  Relevant post-secondary education may be considered as training for the purposes of this provision.

Every petition under the employment-based 3rd preference category must be accompanied by an individual Labor Certification from the Department of Labor.  In addition, the alien must submit documentation to support his or her claim to the education and /or experience requirements of the labor certification.

NOTE:  It is extremely important to try to classify the alien as a skilled, versus an unskilled worker.  The total approval time for a skilled worker application is usually substantially less than for an unskilled worker application, because of the different waiting lists for each category.