Employment-Based Immigration: Third Preference EB-3

You might be eligible for this immigrant visa choice category if you are a proficient worker, professional, or other employee.

– Skilled workers are persons who are capable of carrying out competent labor and whose job needs a minimum of 2 years training or experience, not of a temporary or seasonal nature. Skilled employees should likewise fulfill any academic, training, or employment experience requirements of the task chance. Relevant post-secondary education might be considered as training.

– Professionals are individuals who hold a minimum of a U.S. bachelor’s or employment foreign equivalent degree and are a member of the professions. Their tasks need a minimum of a bachelor’s degree. Professionals should likewise meet any instructional, training, or experience requirements of the job opportunity.

– Other employees (likewise called unskilled workers) are individuals efficient in performing common labor whose job needs less than 2 years training or experience, not of a short-term or seasonal nature. Other employees need to also fulfill any educational, training, or experience requirements of the job opportunity.

Labor Certification

Third preference petitions are normally accompanied by an a signed Form ETA-9089, Application for Permanent Employment Certification, authorized by DOL, employment or, for labor employment certification applications submitted on or after June 1, 2023, using DOL’s Foreign Labor Application Gateway (FLAG) system, an approved 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.

for Schedule An occupations are not required to have a DOL-approved labor certification. This is since DOL has actually already figured out there are not adequate U.S. employees for those occupations. Currently, DOL has actually designated 2 groups of professions under Schedule A. Group I consists of professional nurses and physiotherapists. Group II includes recipients with remarkable ability in the sciences or arts (including college and university teachers) and employment immigrants of exceptional ability in the performing arts. A petition for Schedule A classification must be accompanied by a completed, uncertified Form ETA-9089, including all applicable appendices, a signed Final Determination, and a valid prevailing 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 employment Schedule A classification) needs to require a minimum of 2 years of experience or training.

– You should show that you have actually satisfied any job requirements specified on the labor certification (or application for Schedule A classification). This evidence may consist of official academic records and letters from current or previous companies.

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

– The labor certification (or application for Schedule A classification) must require at least a U.S. bachelor’s or foreign equivalent degree, and a bachelor’s degree is the regular requirement for entry into the occupation.

– You need to show that you have actually met any job requirements specified on the labor accreditation (or application for Schedule A designation). This evidence might consist of main academic records and letters from existing or previous employers.

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

– The labor certification should need less than 2 years training or experience.

– You need to show that you have fulfilled any requirements specified on the labor accreditation.

Immigrant Petition Process

Third choice petitions are filed utilizing Form I-140, Immigrant Petition for Alien Workers. For details on needed supporting documentation and filing fees, see the Form I-140 web page (that includes the Form I-140 directions and information about filing charges) and the Petition Filing and Processing Procedures for Form I-140, Immigrant Petition for employment Alien Workers website.