Employment-Based Immigration: Third Preference EB-3

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

– Skilled are persons who can carrying out knowledgeable labor and whose job needs at least 2 years training or experience, not of a temporary or seasonal nature. Skilled employees must likewise fulfill any instructional, training, or experience requirements of the job opportunity. Relevant post-secondary education may be considered as training.

– Professionals are individuals who hold at least a U.S. bachelor’s or foreign comparable degree and are a member of the professions. Their jobs need a minimum of a bachelor’s degree. Professionals should likewise meet any instructional, training, or experience requirements of the job chance.

– Other workers (likewise called inexperienced employees) are individuals capable of carrying out common labor whose task requires less than 2 years training or experience, not of a short-lived or seasonal nature. Other workers must likewise 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, approved by DOL, or, for labor certification applications submitted on or after June 1, 2023, utilizing DOL’s Foreign Labor Application Gateway (FLAG) system, an approved and signed Form ETA-9089, Final Determination – Permanent Employment Certification Approval (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 certification. This is because DOL has actually currently identified there are not adequate U.S. employees for those occupations. Currently, DOL has designated 2 groups of professions under Schedule A. Group I consists of professional nurses and physical therapists. Group II consists of beneficiaries with exceptional capability in the sciences or arts (including institution of higher learning instructors) and immigrants of extraordinary capability in the carrying out arts. A petition for Schedule A designation must be accompanied by a completed, uncertified Form ETA-9089, consisting of all applicable appendices, a signed Final Determination, and a legitimate prevailing wage determination tracking number in Section E, referall.us 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 certification (or application for Schedule A classification) must require a minimum of 2 years of experience or training.

– You need to show that you have met any job requirements specified on the labor certification (or application for Schedule A designation). This evidence might include main academic records and letters from current or former employers.

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

– The labor accreditation (or application for Schedule A designation) needs to need at least a U.S. bachelor’s or foreign equivalent degree, and a bachelor’s degree is the regular requirement for entry into the profession.

– You should show that you have actually met any task requirements defined on the labor accreditation (or application for Schedule A designation). This proof may include official scholastic records and letters from current or former employers.

– 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 demonstrate that you have actually satisfied any requirements defined on the labor accreditation.

Immigrant Petition Process

Third preference petitions are filed utilizing Form I-140, Immigrant Petition for Alien Workers. For info on needed supporting documents and filing charges, see the Form I-140 website (which 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 website.