Employment-Based Immigration: Third Preference EB-3

You might be eligible for this immigrant visa choice classification if you are a skilled worker, expert, or other worker.

– Skilled employees are individuals who are capable of performing experienced labor and whose task requires at least 2 years training or experience, not of a temporary or seasonal nature. Skilled employees need to also fulfill any academic, training, or experience requirements of the job opportunity. Relevant post-secondary education may be thought about as training.

– Professionals are persons who hold at least a U.S. bachelor’s or foreign comparable degree and are a member of the occupations. Their jobs need a minimum of a bachelor’s degree. Professionals need to likewise satisfy any academic, training, job or experience requirements of the task chance.

– Other workers (likewise called inexperienced workers) are individuals efficient in performing unskilled work whose job needs less than 2 years training or experience, not of a short-term or seasonal nature. Other workers need to likewise satisfy any educational, training, or experience requirements of the task opportunity.

Labor Certification

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

Petitions for Schedule A professions are not needed to have a DOL-approved labor certification. This is because DOL has already figured out there are not sufficient U.S. employees for those professions. Currently, DOL has actually designated 2 groups of professions under Schedule A. Group I includes expert nurses and physical therapists. Group II consists of beneficiaries with extraordinary ability in the sciences or arts (consisting of college and university instructors) and immigrants of remarkable capability in the performing arts. A petition for Schedule A classification must be accompanied by a completed, uncertified Form ETA-9089, including all appropriate appendices, a signed Final Determination, and a valid dominating wage determination 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 designation) needs to need a minimum of 2 years of experience or training.

– You need to show that you have actually satisfied any task requirements specified on the labor accreditation (or application for Schedule A classification). This proof might include main scholastic records and letters from existing or former employers.

– Relevant post-secondary education may be thought about as training.

– The labor certification (or application for Schedule A designation) should 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 occupation.

– You need to demonstrate that you have actually satisfied any job requirements defined on the labor certification (or application for Schedule A designation). This evidence may consist of official scholastic records and letters from present or previous companies.

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

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

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

Immigrant Petition Process

Third preference petitions are filed using Form I-140, Immigrant Petition for Alien Workers. For details on needed supporting documentation and filing costs, see the Form I-140 website (which includes the Form I-140 guidelines and details about filing fees) and the Petition Filing and Processing Procedures for Form I-140, Immigrant Petition for Alien Workers web page.