Employment-Based Immigration: Third Preference EB-3

You might be qualified for this immigrant visa preference category if you are a skilled worker, expert, or other employee.

– Skilled employees are individuals who can performing experienced labor and whose task needs a minimum of 2 years training or experience, not of a short-lived or seasonal nature. Skilled employees must also satisfy any instructional, training, or experience requirements of the job opportunity. Relevant post-secondary education might be thought about as training.

– Professionals are individuals who hold a minimum of a U.S. bachelor’s or foreign comparable degree and belong to the professions. Their tasks need a minimum of a bachelor’s degree. Professionals must likewise fulfill any educational, training, or experience requirements of the task opportunity.

– Other employees (also called unskilled workers) are persons capable of performing common labor whose job needs less than 2 years training or experience, not of a momentary or seasonal nature. Other employees need to likewise meet any educational, training, or experience requirements of the job chance.

Labor Certification

Third choice petitions are usually 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, using DOL’s Foreign Labor Application Gateway (FLAG) system, an approved and signed Form ETA-9089, job Final Determination – Permanent Employment Certification Approval (Final Certification). To find out more, see the Department of Labor’s Foreign Labor job Certification web page.

Petitions for Schedule A professions are not needed to have a DOL-approved labor certification. This is because DOL has already figured out there are not sufficient U.S. workers for those occupations. Currently, DOL has actually designated 2 groups of professions under Schedule A. Group I includes expert nurses and physical therapists. Group II includes recipients with remarkable capability in the sciences or arts ( of institution of higher learning instructors) and immigrants of extraordinary ability in the carrying out arts. A petition for Schedule A classification needs to be accompanied by a completed, uncertified Form ETA-9089, including all suitable appendices, a signed Final Determination, and a legitimate dominating wage decision tracking number in Section E, Item 1 of the uncertified Form ETA-9089. For more info on Schedule A requirements, see Volume 6, Part E, Chapter 7, of the USCIS Policy Manual.

– The labor certification (or application for Schedule A designation) must require a minimum of 2 years of experience or training.

– You should demonstrate that you have fulfilled any job requirements specified on the labor certification (or application for Schedule A designation). This proof might include main academic records and letters from present or former employers.

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

– The labor accreditation (or application for Schedule A designation) needs to require a minimum of a U.S. bachelor’s or foreign equivalent degree, and a bachelor’s degree is the normal requirement for entry into the occupation.

– You should show that you have satisfied any task requirements specified on the labor accreditation (or application for Schedule A designation). This proof might consist of main scholastic records and letters from existing or previous employers.

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

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

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

Immigrant Petition Process

Third preference petitions are filed utilizing Form I-140, Immigrant Petition for Alien Workers. For information on needed supporting documentation and filing fees, see the Form I-140 web page (which consists of the Form I-140 directions and information about filing fees) and the Petition Filing and Processing Procedures for Form I-140, job Immigrant Petition for Alien Workers website.