What Is the EB3-Other Visa Program?
The “other” category of the EB3 visa is reserved for unskilled workers who have less than two years of training or on-the-job experience. A permanent job offer and a labor certification approved by the U.S. Department of Labor (DOL) are required to secure this EB3-Other visa, an immigrant visa that is part of the EW unskilled worker program.
There are many U.S. employers in a wide variety of industries who are having a hard time employing and retaining enough U.S. workers. This shortage has motivated many employers to look abroad for skilled workers to sponsor to work for them rather than having to resort to other less-desirable options, such as hiring illegal immigrants.
The EB3-Other (EW) program is intended to be an employment program, rather than a mere immigration benefits program. A U.S. employer who participates in the EB3-Other (EW) program agrees to sponsor foreign workers for the same exact job role and at the same rate of pay for the permanent, full-time job as they’d typically offer U.S. workers in exchange for those EW unskilled worker program candidates working for them for at least one year. Thus, this EB3-Other visa isn’t intended to be a way for employers to recruit candidates for employment that has a temporary or seasonal nature.
These employment-sponsored visas are designed to supplement the local U.S. hiring process, not to replace it. Thus, any U.S. employer who intends to pursue hiring through this EB3-Other employment-based visa sponsorship program must show that they tried hiring all the eligible and willing workers who applied to perform unskilled labor before attempting to sponsor any foreign worker with this immigrant visa.
In other words, priority must be given to U.S. workers who want to work over foreign workers. Employers who predominantly rely on foreign sponsorship for the majority of their workforce are likely not adhering to existing laws.