Employment-Based Immigration: Third Preference EB-3

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

– Skilled employees are persons who can performing knowledgeable labor and whose task needs a minimum of 2 years training or employment experience, not of a short-lived or seasonal nature. Skilled employees should also satisfy any educational, employment training, or experience requirements of the task 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 equivalent degree and are a member of the occupations. Their tasks need a minimum of a bachelor’s degree. Professionals need to likewise satisfy any academic, training, or employment experience requirements of the job chance.

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

Labor Certification

Third choice petitions are normally accompanied by an a signed Form ETA-9089, Application for Permanent Employment Certification, authorized 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 additional information, see the Department of Labor’s Foreign Labor Certification website.

Petitions for Schedule An occupations are not needed to have a DOL-approved labor employment certification. This is since DOL has already figured out there are not enough U.S. workers for those professions. Currently, DOL has designated 2 groups of professions under Schedule A. Group I includes professional nurses and physical therapists. Group II consists of beneficiaries with remarkable capability in the sciences or arts (including institution of higher learning instructors) and immigrants of extraordinary capability in the performing arts. A petition for employment Schedule A designation should be accompanied by a completed, uncertified Form ETA-9089, including all appropriate appendices, a signed Final Determination, and a legitimate dominating wage decision 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 certification (or application for Schedule A classification) needs to need a minimum of 2 years of experience or employment training.

– You need to demonstrate that you have fulfilled any job requirements specified on the labor accreditation (or application for Schedule A designation). This evidence may consist of main academic records and letters from existing or former companies.

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

– The labor accreditation (or application for Schedule A classification) should require a minimum of a U.S. bachelor’s or foreign equivalent degree, and a bachelor’s degree is the normal requirement for entry into the profession.

– You should demonstrate that you have actually satisfied any job requirements defined on the labor accreditation (or application for employment Schedule A classification). This proof might include main scholastic records and letters from existing or former companies.

– Education and experience may not be alternatived to a bachelor’s degree.

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

– You must demonstrate that you have actually fulfilled any requirements defined on the labor certification.

Immigrant Petition Process

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