Employment-Based Immigration: Third Preference EB-3

You may be qualified for this immigrant visa preference category if you are a proficient worker, professional, or other worker.

– Skilled employees are individuals who can performing experienced labor and whose job needs a minimum of 2 years training or experience, not of a short-lived or seasonal nature. Skilled employees should also satisfy any academic, training, or experience requirements of the job chance. Relevant post-secondary education may 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 professions. Their tasks need a minimum of a bachelor’s degree. Professionals should also fulfill any educational, training, or employment experience requirements of the job chance.

– Other employees (also called unskilled workers) are individuals capable of carrying out unskilled labor whose task requires less than 2 years training or experience, not of a short-lived or seasonal nature. Other workers need to also meet any educational, training, or experience requirements of the job chance.

Labor Certification

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

Petitions for Schedule A professions are not required to have a DOL-approved labor certification. This is because DOL has actually already figured out there are not enough U.S. employees for those professions. Currently, DOL has actually designated 2 groups of occupations under Schedule A. Group I includes expert nurses and physiotherapists. Group II consists of recipients with remarkable capability in the sciences or arts (including college and university teachers) and employment immigrants of exceptional ability in the carrying out arts. A petition for Schedule A classification needs to be accompanied by a finished, uncertified Form ETA-9089, including all appropriate appendices, a signed Final Determination, and a valid prevailing wage decision 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 certification (or application for Schedule A classification) needs to need at least 2 years of experience or training.

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

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

– The labor accreditation (or application for Schedule A designation) should require at least a U.S. bachelor’s or foreign comparable degree, and a is the typical requirement for entry into the occupation.

– You should show that you have met any job requirements defined on the labor employment certification (or application for Schedule A classification). This evidence may consist of main scholastic records and letters from current or former companies.

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

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

– You need to demonstrate that you have actually 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 information on needed supporting paperwork and filing costs, see the Form I-140 web page (which consists of the Form I-140 instructions and details about filing charges) and the Petition Filing and Processing Procedures for Form I-140, Immigrant Petition for Alien Workers web page.