Eligibility and Filing
EB-3 classification includes:
a) Aliens with at least two years of experience as skilled computer professionals; and
b) Computer professionals with a baccalaureate degree.
While eligibility requirements for the EB-3 classification are less stringent than the EB-1 and EB-2 classifications, you should be aware that a long backlog exists for visas in the “other workers” category. The regulations for EB-3 workers are found at 8 CFR § 204.5.
Computer professional positions are generally not seasonal or temporary and require at least two years of experience or training. The training requirement may be met through relevant post-secondary education. ETA-9089 (see Labor Certification on this web site) states the job requirements, which determine whether an Information Technology-related job is skilled or unskilled.
Professionals must hold a U.S. baccalaureate degree or foreign equivalent degree that is normally required for the profession. Education and experience may not be substituted for the degree.