Employment-Based Immigration: Third Preference EB-3

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

– Skilled employees are persons who are capable of carrying out proficient labor and whose job requires a minimum of 2 years training or experience, not of a short-term or seasonal nature. Skilled employees must likewise fulfill any academic, training, or experience requirements of the job opportunity. Relevant post-secondary education might be considered as training.

– Professionals are individuals who hold a minimum of a U.S. bachelor’s or foreign equivalent degree and belong to the occupations. Their jobs require a minimum of a bachelor’s degree. Professionals should likewise fulfill any instructional, training, or experience requirements of the job opportunity.

– Other employees (likewise called inexperienced workers) are individuals efficient in carrying out unskilled work whose job needs less than 2 years training or experience, not of a short-term or seasonal nature. Other workers must also satisfy any instructional, training, or experience requirements of the job chance.

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 accreditation applications submitted on or after June 1, 2023, using DOL’s Foreign Labor Application Gateway (FLAG) system, job an approved 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 web page.

Petitions for Schedule An occupations are not required to have a DOL-approved labor certification. This is due to the fact that DOL has actually currently determined there are not sufficient U.S. employees for those occupations. Currently, DOL has designated 2 groups of occupations under Schedule A. Group I consists of expert nurses and physiotherapists. Group II consists of beneficiaries with remarkable ability in the sciences or arts (consisting of institution of higher learning teachers) and immigrants of extraordinary ability in the performing arts. A petition for Schedule A designation should be accompanied by a completed, uncertified Form ETA-9089, consisting of all appropriate 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 details 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 need at least 2 years of experience or training.

– You need to show that you have fulfilled any job requirements specified on the labor accreditation (or application for Schedule A designation). This proof might consist of official scholastic records and letters from current or job previous companies.

– Relevant education may be thought about as training.

– The labor job 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 normal requirement for entry into the occupation.

– You must show that you have actually met any job requirements specified on the labor certification (or application for Schedule A designation). This proof might include official academic records and letters from present or previous companies.

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

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

– You must demonstrate that you have fulfilled any requirements specified on the labor accreditation.

Immigrant Petition Process

Third choice petitions are submitted using Form I-140, Immigrant Petition for Alien Workers. For information on required supporting documentation and filing fees, see the Form I-140 web page (that includes the Form I-140 instructions and information about filing fees) and the Petition Filing and Processing Procedures for Form I-140, Immigrant Petition for Alien Workers web page.