Comprehensive Overview of Immigration Law (COIL) Practice Exam

The employment-based third preference category (EB-3) requires what from the employer?

1. A full-time job offer and a labor certification

2. Only a labor certification

3. Only a full-time job offer

4. A family sponsorship

The correct answer is: A full-time job offer and a labor certification

The employment-based third preference category (EB-3) indeed requires both a full-time job offer and a labor certification from the employer. This combination ensures that the position is a legitimate, permanent role and that the employer has taken steps to demonstrate that there are no qualified U.S. workers available for the position. The labor certification serves to prove that employment of the foreign worker will not negatively impact the wages and working conditions of similarly employed U.S. workers. Without this certification, the application for an EB-3 visa cannot proceed. Similarly, a full-time job offer is crucial because the EB-3 visa is specifically designed for jobs that provide permanent employment opportunities, reinforcing the nature of the immigrant's stay in the U.S. In summary, the requirement of both a full-time job offer and a labor certification reflects the need for a structured approach to ensuring the integrity of the U.S. labor market while allowing foreign workers to fill necessary roles.