Employment-Based Immigration: Third Preference EB-3

You might be qualified for this immigrant visa choice classification if you are a competent employee, expert, or other worker.

– Skilled workers are individuals who can performing experienced labor and whose job needs at least 2 years training or experience, not of a temporary or seasonal nature. Skilled employees must likewise meet any instructional, training, or experience requirements of the job chance. Relevant post-secondary education might be thought about as training.

– Professionals are individuals who hold a minimum of a U.S. bachelor’s or foreign comparable degree and belong to the professions. Their jobs require a minimum of a bachelor’s degree. Professionals need to likewise meet any instructional, training, or experience requirements of the task opportunity.

– Other employees (likewise called unskilled workers) are individuals efficient in carrying out common labor job whose job requires less than 2 years training or experience, not of a temporary or seasonal nature. Other workers must also satisfy any instructional, training, or experience requirements of the job opportunity.

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 job 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). For additional information, see the Department of Labor’s Foreign Labor Certification web page.

Petitions for Schedule A professions are not required to have a DOL-approved labor accreditation. This is due to the fact that DOL has actually already identified there are not enough U.S. workers for those occupations. Currently, DOL has designated 2 groups of professions under Schedule A. Group I consists of professional nurses and physical therapists. Group II includes recipients with exceptional ability in the sciences or arts (consisting of college and university teachers) and of exceptional capability in the performing arts. A petition for Schedule A designation should be accompanied by a completed, uncertified Form ETA-9089, consisting of all applicable appendices, a signed Final Determination, and a legitimate 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 job certification (or application for Schedule A classification) must need at least 2 years of experience or training.

– You need to show that you have actually met any task requirements specified on the labor certification (or application for Schedule A designation). This evidence may consist of official scholastic records and letters from existing or former employers.

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

– The labor certification (or application for Schedule A designation) needs to require a minimum of a U.S. bachelor’s or foreign equivalent degree, and a bachelor’s degree is the regular requirement for entry into the profession.

– You must show that you have actually fulfilled any task requirements defined on the labor accreditation (or application for Schedule A classification). This proof may consist of main scholastic records and job letters from current or previous employers.

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

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

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

Immigrant Petition Process

Third choice petitions are submitted utilizing Form I-140, job Immigrant Petition for Alien Workers. For info on required supporting documents and filing fees, see the Form I-140 webpage (that includes the Form I-140 instructions and details about filing charges) and the Petition Filing and Processing Procedures for Form I-140, Immigrant Petition for Alien Workers website.