When it comes to the EB-3 Unskilled visa, being overqualified or having a higher level of education does not directly impact an individual's eligibility to receive a visa approval. The program is specifically designed to address the demand for unskilled labor in certain industries within the United States.
The eligibility for the EB-3 Unskilled visa is primarily determined by the job requirements and the employer's ability to demonstrate that there is a shortage of qualified US workers to fill the position. The focus is on the job itself and whether it meets the criteria for an unskilled position rather than the individual's qualifications or education level.
Therefore, even if an individual is overqualified or possesses a higher level of education, they can still be eligible for the EB-3 Unskilled visa as long as they are being sponsored by an employer who can demonstrate the need for unskilled labor and the lack of available US workers to fill the position. The program aims to provide a legal pathway for foreign nationals to enter the US workforce in occupations where there is a recognized shortage of qualified workers, regardless of their personal qualifications or education level.