Employment-Based Immigration: Third Preference EB-3

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

– Skilled workers are individuals who can carrying out competent labor and whose job requires a minimum of 2 years training or experience, not of a temporary or seasonal nature. Skilled employees should likewise satisfy any instructional, training, or experience requirements of the task opportunity. 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 equivalent degree and are a member of the professions. Their tasks need a minimum of a bachelor’s degree. Professionals need to likewise fulfill any educational, training, or experience requirements of the task opportunity.

– Other workers (also called unskilled workers) are individuals capable of performing common labor whose task needs less than 2 years training or experience, not of a short-term or seasonal nature. Other workers need to also meet any academic, training, or experience requirements of the task chance.

Labor Certification

Third preference petitions are generally accompanied by an a signed Form ETA-9089, Application for employment Permanent Employment Certification, authorized by DOL, or, employment for labor accreditation applications filed 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 (Final Certification). For more details, see the Department of Labor’s Foreign Labor Certification webpage.

Petitions for Schedule An occupations are not needed to have a DOL-approved labor certification. This is due to the fact that DOL has actually currently identified there are not enough U.S. employees for those occupations. Currently, DOL has actually designated 2 groups of occupations under Schedule A. Group I includes professional nurses and physical therapists. Group II includes recipients with extraordinary capability in the sciences or arts (consisting of institution of higher learning teachers) and immigrants of remarkable capability in the carrying out arts. A petition for Schedule A designation should be accompanied by a completed, uncertified Form ETA-9089, including 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 more details on Schedule A requirements, see Volume 6, Part E, Chapter 7, of the USCIS Policy Manual.

– The labor accreditation (or employment application for Schedule A classification) must require at least 2 years of experience or training.

– You must demonstrate that you have fulfilled any job requirements specified on the labor accreditation (or application for Schedule A classification). This proof might consist of official scholastic records and employment letters from current or former employers.

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

– The labor 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 regular requirement for entry into the profession.

– You must demonstrate that you have fulfilled any task requirements specified on the labor accreditation (or application for Schedule A classification). This evidence may include main scholastic records and letters from current or former companies.

– Education and experience might 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 filed utilizing Form I-140, 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 info about filing costs) and the Petition Filing and Processing Procedures for Form I-140, Immigrant Petition for Alien Workers website.