Employment-Based Immigration: Third Preference EB-3

You may be qualified for this immigrant visa preference classification if you are an experienced employee, expert, or other worker.

– Skilled workers are persons who can carrying out competent labor and whose job needs at least 2 years training or experience, not of a temporary or seasonal nature. Skilled workers need to likewise any academic, training, or experience requirements of the job chance. Relevant post-secondary education might be thought about as training.

– Professionals are individuals who hold at least a U.S. bachelor’s or foreign equivalent degree and belong to the professions. Their tasks need a minimum of a bachelor’s degree. Professionals should also meet any academic, training, or experience requirements of the task opportunity.

– Other workers (likewise called unskilled workers) are persons capable of performing unskilled work whose task requires less than 2 years training or experience, job not of a short-term or seasonal nature. Other workers should also satisfy any instructional, training, or experience requirements of the task chance.

Labor Certification

Third choice petitions are usually accompanied by an a signed Form ETA-9089, Application for Permanent Employment Certification, approved by DOL, or, for labor accreditation applications submitted on or after June 1, job 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 learn more, see the Department of Labor’s Foreign Labor Certification web page.

Petitions for Schedule A professions are not needed to have a DOL-approved labor accreditation. This is because DOL has already figured out there are not sufficient U.S. employees for those professions. Currently, DOL has designated 2 groups of professions under Schedule A. Group I includes professional nurses and physical therapists. Group II includes recipients with extraordinary capability in the sciences or arts (consisting of college and university instructors) and immigrants of exceptional capability in the carrying out arts. A petition for Schedule A designation should be accompanied by a finished, uncertified Form ETA-9089, consisting of all appropriate appendices, a signed Final Determination, job and a legitimate prevailing wage decision tracking number in Section E, Item 1 of the uncertified Form ETA-9089. For job more details on Schedule A requirements, see Volume 6, Part E, Chapter 7, of the USCIS Policy Manual.

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

– You should show that you have actually met any job requirements specified on the labor accreditation (or application for Schedule A designation). This evidence may include main scholastic records and letters from current or former companies.

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

– The labor certification (or application for Schedule A classification) must require at least a U.S. bachelor’s or foreign equivalent degree, and a bachelor’s degree is the regular requirement for entry into the occupation.

– You should show that you have satisfied any task requirements specified on the labor certification (or job application for Schedule A designation). This evidence might include official academic records and letters from present or former employers.

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

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

– You should demonstrate that you have fulfilled any requirements defined on the labor accreditation.

Immigrant Petition Process

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