Employment-Based Immigration: Third Preference EB-3

You might be eligible for this immigrant visa preference classification if you are a knowledgeable worker, professional, or other employee.

– Skilled workers are persons who can performing experienced labor and whose task requires a minimum of 2 years training or experience, not of a short-lived or seasonal nature. Skilled employees should also fulfill any instructional, training, or experience requirements of the task opportunity. Relevant post-secondary education might be thought about as training.

– Professionals are persons who hold a minimum of a U.S. bachelor’s or foreign equivalent degree and belong to the professions. Their tasks need a minimum of a bachelor’s degree. Professionals should also satisfy any instructional, training, or experience requirements of the task opportunity.

– Other workers (likewise called unskilled employees) are individuals capable of carrying out unskilled work whose job requires less than 2 years training or experience, not of a short-lived or seasonal nature. Other employees should likewise fulfill any instructional, 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, approved by DOL, or, for labor accreditation applications filed on or employment 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 information, see the Department of Labor’s Foreign Labor Certification webpage.

Petitions for Schedule A professions are not needed to have a DOL-approved labor accreditation. This is since DOL has currently figured out there are not sufficient U.S. workers for those occupations. Currently, DOL has designated 2 groups of occupations under Schedule A. Group I includes professional nurses and physical therapists. Group II includes recipients with exceptional ability in the sciences or arts (including college and university teachers) and immigrants of exceptional capability in the performing arts. A petition for Schedule A classification should be accompanied by a completed, uncertified Form ETA-9089, employment including all applicable appendices, a signed Final Determination, and a valid dominating wage decision tracking number in Section E, Item 1 of the uncertified Form ETA-9089. For more information on Schedule A requirements, see Volume 6, Part E, Chapter 7, of the USCIS Policy Manual.

– The labor employment certification (or application for Schedule A classification) should need a minimum of 2 years of experience or training.

– You must show that you have satisfied any task requirements specified on the labor certification (or application for Schedule A designation). This evidence might consist of main academic records and letters from present or previous employers.

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

– The labor accreditation (or application for Schedule A designation) must require at least a U.S. bachelor’s or foreign comparable degree, and a bachelor’s degree is the typical requirement for employment entry into the .

– You need to demonstrate that you have actually satisfied any task requirements defined on the labor certification (or application for Schedule A classification). This proof may consist of main academic records and letters from present or former employers.

– 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 need to demonstrate that you have actually met any requirements specified on the labor accreditation.

Immigrant Petition Process

Third choice petitions are submitted using Form I-140, employment Immigrant Petition for Alien Workers. For details on needed supporting paperwork and filing costs, see the Form I-140 web page (which includes the Form I-140 directions and details about filing charges) and the Petition Filing and Processing Procedures for Form I-140, Immigrant Petition for Alien Workers website.