Employment-Based Immigration: Third Preference EB-3

You might be eligible for this immigrant visa preference category if you are a competent employee, expert, or other employee.

– Skilled workers are individuals who can performing skilled labor and whose job needs a minimum of 2 years training or experience, employment not of a short-term or seasonal nature. Skilled workers need to also satisfy any instructional, training, or experience requirements of the job chance. Relevant post-secondary education may be thought about as training.

– Professionals are individuals who hold at least a U.S. bachelor’s or foreign comparable degree and are a member of the occupations. Their tasks need a minimum of a bachelor’s degree. Professionals need to also fulfill any academic, training, or employment experience requirements of the job chance.

– Other workers (likewise called inexperienced employees) are individuals efficient in carrying out common labor employment whose job needs less than 2 years training or experience, not of a temporary or seasonal nature. Other workers must likewise fulfill any educational, training, or experience requirements of the task chance.

Labor Certification

Third preference petitions are usually accompanied by an a signed Form ETA-9089, Application for Permanent Employment Certification, authorized 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, Final Determination – Permanent Employment Certification Approval (Final Certification). To find out more, see the Department of Labor’s Foreign Labor Certification web page.

for Schedule A professions are not needed to have a DOL-approved labor accreditation. This is since DOL has already figured out there are not sufficient U.S. workers for those occupations. Currently, DOL has actually designated 2 groups of occupations under Schedule A. Group I includes expert nurses and physiotherapists. Group II consists of beneficiaries with exceptional capability in the sciences or arts (including institution of higher learning teachers) and immigrants of exceptional capability in the carrying out arts. A petition for Schedule A designation must be accompanied by a completed, uncertified Form ETA-9089, consisting of all relevant appendices, a signed Final Determination, and a valid prevailing wage decision tracking number in Section E, Item 1 of the uncertified Form ETA-9089. For additional information on Schedule A requirements, see Volume 6, Part E, Chapter 7, of the USCIS Policy Manual.

– The labor accreditation (or application for Schedule A classification) must require a minimum of 2 years of experience or training.

– You must demonstrate that you have actually satisfied any task requirements specified on the labor certification (or employment application for Schedule A classification). This evidence may consist of official scholastic 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 designation) must require at least a U.S. bachelor’s or foreign comparable degree, and a bachelor’s degree is the regular requirement for entry into the profession.

– You need to show that you have actually met any task requirements specified on the labor employment accreditation (or application for Schedule A designation). This proof may consist of main academic records and letters from existing or former companies.

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

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

– You should demonstrate that you have actually met any requirements specified on the labor certification.

Immigrant Petition Process

Third choice petitions are filed using Form I-140, Immigrant Petition for Alien Workers. For info on needed supporting paperwork and filing charges, see the Form I-140 website (that includes the Form I-140 directions and information about filing costs) and the Petition Filing and Processing Procedures for Form I-140, Immigrant Petition for Alien Workers web page.