Employment-Based Immigration: Third Preference EB-3

You might be qualified for this immigrant visa choice classification if you are a competent employee, professional, or other employee.

– Skilled employees are persons who can carrying out competent labor and whose job needs at least 2 years training or experience, not of a short-term or seasonal nature. Skilled employees must also fulfill any academic, training, or experience requirements of the job opportunity. Relevant post-secondary education might be considered as training.

– Professionals are persons 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 need to likewise meet any academic, job training, or experience requirements of the job opportunity.

– Other workers (likewise called inexperienced employees) are individuals capable of performing common labor whose job requires less than 2 years training or experience, not of a short-lived or seasonal nature. Other employees need to also satisfy any academic, training, or experience requirements of the job chance.

Labor Certification

Third choice petitions are typically accompanied by an a signed Form ETA-9089, Application for Permanent Employment Certification, approved by DOL, or, for labor accreditation 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). To learn more, see the Department of Labor’s Foreign Labor Certification website.

Petitions for job Schedule An occupations are not needed to have a DOL-approved labor accreditation. 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 professions under Schedule A. Group I consists of expert nurses and physiotherapists. Group II includes recipients with remarkable capability in the sciences or arts (including institution of higher learning instructors) and immigrants of exceptional ability in the performing arts. A petition for Schedule A designation needs to be accompanied by a completed, uncertified Form ETA-9089, including all suitable appendices, job 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 certification (or application for Schedule A classification) needs to require at least 2 years of experience or training.

– You must demonstrate that you have actually satisfied any task requirements defined on the labor certification (or application for Schedule A designation). This proof may consist of official scholastic records and letters from present or previous employers.

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

– The labor certification (or application for Schedule A classification) should require a minimum of a U.S. bachelor’s or job foreign equivalent degree, and a bachelor’s degree is the typical requirement for entry into the profession.

– You should demonstrate that you have fulfilled any task requirements defined on the labor accreditation (or application for Schedule A classification). This evidence may consist of main academic records and letters from present or previous companies.

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

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

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

Immigrant Petition Process

Third preference petitions are submitted using Form I-140, Immigrant Petition for Alien Workers. For information on needed supporting documentation and filing costs, see the Form I-140 website (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 web page.