Employment-Based Immigration: Third Preference EB-3

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

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

– Professionals are individuals who hold a minimum of a U.S. bachelor’s or foreign comparable degree and are a member of the professions. Their jobs need a minimum of a bachelor’s degree. Professionals should also satisfy any educational, training, or experience requirements of the job chance.

– Other employees (also called inexperienced employees) are persons efficient in carrying out inexperienced labor whose job needs less than 2 years training or experience, not of a momentary or seasonal nature. Other employees need to also fulfill any academic, training, or experience requirements of the task opportunity.

Labor Certification

Third choice petitions are generally accompanied by an a signed Form ETA-9089, Application for Permanent Employment Certification, authorized by DOL, or, for labor certification applications submitted on or employment after June 1, 2023, using 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 website.

Petitions for Schedule An occupations are not required to have a DOL-approved labor certification. This is since DOL has already figured out there are not enough U.S. workers for those professions. Currently, DOL has actually designated 2 groups of occupations under Schedule A. Group I includes professional nurses and physiotherapists. Group II consists of recipients with exceptional ability in the sciences or employment arts (consisting of college and university teachers) and immigrants of extraordinary ability in the performing arts. A petition for Schedule A designation must be accompanied by a finished, uncertified Form ETA-9089, including all appropriate 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, 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 should show that you have actually satisfied any task requirements defined on the labor accreditation (or employment application for Schedule A classification). This evidence may consist of official academic records and letters from existing or previous employers.

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

– The labor certification (or application for Schedule A classification) must need 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 must show that you have satisfied any job requirements specified on the labor accreditation (or application for Schedule A classification). This evidence might include main academic records and letters from current or former employers.

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

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

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

Immigrant Petition Process

Third preference petitions are submitted utilizing Form I-140, Immigrant Petition for Alien Workers. For details on needed supporting documentation and filing costs, see the Form I-140 webpage (which consists of the Form I-140 instructions and information about filing costs) and the Petition Filing and Processing Procedures for Form I-140, Immigrant Petition for Alien Workers web page.