Employment-Based Immigration: Third Preference EB-3

You might be qualified for this immigrant visa preference category if you are a proficient employee, job expert, or other worker.

– Skilled employees are individuals who can carrying out experienced labor job and whose task requires a minimum of 2 years training or experience, not of a short-lived or seasonal nature. Skilled employees need to likewise satisfy any academic, training, or experience requirements of the task opportunity. Relevant post-secondary education may be considered as training.

– Professionals are persons who hold at least a U.S. bachelor’s or foreign equivalent degree and are a member of the occupations. Their tasks need a minimum of a bachelor’s degree. Professionals must also satisfy any educational, training, or experience requirements of the job opportunity.

– Other employees (also called unskilled workers) are persons capable of performing unskilled work whose job needs less than 2 years training or experience, not of a temporary or seasonal nature. Other employees need to likewise meet any academic, training, or experience requirements of the job opportunity.

Labor Certification

Third choice petitions are normally accompanied by an a signed Form ETA-9089, Application for Permanent Employment Certification, approved by DOL, or, for labor certification applications submitted on or after June 1, 2023, utilizing DOL’s Foreign Labor Application Gateway (FLAG) system, an approved and signed Form ETA-9089, job Final Determination – Permanent Employment Certification Approval (Final Certification). For more details, see the Department of Labor’s Foreign Labor Certification webpage.

Petitions for Schedule An occupations are not needed to have a DOL-approved labor accreditation. This is because DOL has actually currently figured out there are not adequate U.S. employees for those professions. Currently, DOL has actually designated 2 groups of professions under Schedule A. Group I consists of expert nurses and physical therapists. Group II consists of recipients with remarkable capability in the sciences or arts (consisting of college and university teachers) and immigrants of extraordinary ability in the carrying out arts. A petition for Schedule A classification must be accompanied by a finished, uncertified Form ETA-9089, including all applicable appendices, a signed Final Determination, and a valid prevailing wage determination tracking number in Section E, Item 1 of the uncertified Form ETA-9089. To learn more on Schedule A requirements, see Volume 6, job Part E, Chapter 7, of the USCIS Policy Manual.

– The labor accreditation (or application for Schedule A classification) should need at least 2 years of experience or training.

– You must demonstrate that you have met any job requirements specified on the labor accreditation (or application for Schedule A classification). This evidence might include official academic records and letters from current or former companies.

– Relevant post-secondary education might be considered as training.

– The labor accreditation (or application for Schedule A classification) should require a minimum of a U.S. bachelor’s or foreign comparable degree, and a bachelor’s degree is the regular requirement for entry into the occupation.

– You must demonstrate that you have actually satisfied any task requirements specified on the labor accreditation (or application for job Schedule A classification). This evidence might include main scholastic records and from existing or former employers.

– Education and experience may not be replacemented for a bachelor’s degree.

– The labor certification should need less than 2 years training or experience.

– You need to show that you have satisfied any requirements specified on the labor certification.

Immigrant Petition Process

Third preference petitions are filed utilizing Form I-140, job Immigrant Petition for Alien Workers. For information on required supporting paperwork and filing fees, see the Form I-140 website (which includes the Form I-140 guidelines and details about filing charges) and the Petition Filing and Processing Procedures for Form I-140, Immigrant Petition for Alien Workers web page.