Employment-Based Immigration: Third Preference EB-3

You might be eligible for this immigrant visa choice classification if you are an experienced employee, professional, or other employee.

– Skilled workers are persons who can carrying out competent labor and whose task needs a minimum of 2 years training or experience, not of a short-term or seasonal nature. Skilled workers must also meet any instructional, 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 need a minimum of a bachelor’s degree. Professionals should also meet any academic, training, or experience requirements of the task opportunity.

– Other workers (also called unskilled workers) are individuals capable of performing unskilled work whose task needs less than 2 years training or experience, not of a short-lived or seasonal nature. Other workers must also satisfy any instructional, 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 Permanent Employment Certification, authorized by DOL, or, for labor certification 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 (Final Certification). To find out more, see the Department of Labor’s Foreign Labor Certification web page.

Petitions for Schedule An occupations are not needed to have a DOL-approved labor accreditation. This is due to the fact that DOL has already determined 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 expert nurses and physiotherapists. Group II consists of beneficiaries 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 designation should be accompanied by a completed, uncertified Form ETA-9089, including all relevant appendices, referall.us a signed Final Determination, and a valid prevailing wage decision tracking number in Section E, Item 1 of the uncertified Form ETA-9089. To find out more 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 at least 2 years of experience or training.

– You must show that you have actually met any job requirements defined on the labor certification (or application for Schedule A designation). This proof might consist of official scholastic records and letters from existing or previous companies.

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

– The labor certification (or application for Schedule A designation) needs to need a minimum of a U.S. bachelor’s or foreign comparable degree, and a bachelor’s degree is the typical requirement for entry into the profession.

– You must demonstrate that you have satisfied any task requirements specified on the labor accreditation (or application for Schedule A classification). This proof might include official academic records and letters from current or former companies.

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

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

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

Immigrant Petition Process

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