Employment-Based Immigration: Third Preference EB-3

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

– Skilled employees are persons who are capable of carrying out proficient labor and whose task requires at least 2 years training or experience, not of a short-lived or seasonal nature. Skilled employees should likewise fulfill any academic, training, or experience requirements of the job chance. Relevant post-secondary education may be thought about as training.

– Professionals are individuals who hold a minimum of a U.S. bachelor’s or foreign comparable degree and are a member of the professions. Their tasks require a minimum of a bachelor’s degree. Professionals should also fulfill any instructional, training, or experience requirements of the job chance.

– Other workers (also called unskilled employees) are individuals capable of performing common labor whose task requires less than 2 years training or experience, not of a momentary or employment seasonal nature. Other employees need to also satisfy any educational, employment training, or experience requirements of the task opportunity.

Labor Certification

Third choice petitions are normally accompanied by an a signed Form ETA-9089, Application for Permanent Employment Certification, employment approved 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 Certification Approval (Final Certification). For additional information, see the Department of Labor’s Foreign Labor Certification website.

Petitions for Schedule An occupations are not needed to have a accreditation. This is since DOL has actually currently identified there are not sufficient U.S. workers for those occupations. Currently, employment DOL has designated 2 groups of occupations under Schedule A. Group I consists of professional nurses and physical therapists. Group II consists of beneficiaries with remarkable ability in the sciences or arts (including institution of higher learning teachers) and immigrants of extraordinary capability in the performing arts. A petition for Schedule A designation must be accompanied by a finished, uncertified Form ETA-9089, consisting of all relevant appendices, a signed Final Determination, and a valid prevailing wage decision tracking number in Section E, Item 1 of the uncertified Form ETA-9089. To learn more on Schedule A requirements, see Volume 6, Part E, Chapter 7, of the USCIS Policy Manual.

– The labor accreditation (or application for Schedule A designation) should need at least 2 years of experience or training.

– You must demonstrate that you have fulfilled any task requirements defined on the labor accreditation (or application for Schedule A designation). This proof might include main scholastic 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 classification) should 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 profession.

– You need to show that you have actually fulfilled any job requirements defined on the labor certification (or application for Schedule A designation). This proof might consist of official academic records and letters from current or previous employers.

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

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

– You need to show that you have actually met any requirements specified on the labor certification.

Immigrant Petition Process

Third preference petitions are submitted using Form I-140, Immigrant Petition for Alien Workers. For information on required supporting documents and filing costs, see the Form I-140 web page (that includes the Form I-140 guidelines and information about filing charges) and the Petition Filing and Processing Procedures for Form I-140, Immigrant Petition for Alien Workers website.