Employment-Based Immigration: Third Preference EB-3

You may be qualified for this immigrant visa preference category if you are a skilled employee, expert, or other worker.

– Skilled employees are individuals who are capable of carrying out skilled labor and whose job needs at least 2 years training or experience, not of a short-lived or seasonal nature. Skilled workers must likewise meet any instructional, training, or experience requirements of the job chance. Relevant post-secondary education might 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 require a minimum of a bachelor’s degree. Professionals need to likewise satisfy any instructional, training, or experience requirements of the task chance.

– Other workers (likewise called inexperienced workers) are persons efficient in performing inexperienced labor whose task needs less than 2 years training or experience, not of a short-term or seasonal nature. Other workers should also meet any instructional, training, or experience requirements of the job chance.

Labor Certification

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

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 determined there are not sufficient U.S. workers for those occupations. Currently, employment DOL has designated 2 groups of occupations under Schedule A. Group I includes expert nurses and physical therapists. Group II includes beneficiaries with remarkable ability in the sciences or arts (consisting of college and university teachers) and immigrants of exceptional ability in the performing arts. A petition for Schedule A classification should be accompanied by a completed, uncertified Form ETA-9089, including all suitable 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) should require a minimum of 2 years of experience or employment training.

– You should show that you have actually fulfilled any job requirements specified on the labor certification (or application for Schedule A classification). This evidence may include official scholastic records and letters from current or former employers.

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

– The labor accreditation (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 typical requirement for entry into the occupation.

– You should show that you have actually met any task requirements defined on the labor certification (or application for employment Schedule A classification). This evidence might include main academic records and letters from existing or former employers.

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

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

– You should show that you have met any on the labor certification.

Immigrant Petition Process

Third preference petitions are filed using Form I-140, Immigrant Petition for Alien Workers. For details on required supporting documents and filing charges, see the Form I-140 website (which consists of 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 webpage.