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Employment-Based Immigration: Third Preference EB-3
You may be eligible for this immigrant visa choice category if you are a skilled employee, expert, or other worker.
– Skilled employees are persons who can performing skilled labor and whose task requires a minimum of 2 years training or experience, not of a short-lived or seasonal nature. Skilled employees need to also fulfill any instructional, training, or experience requirements of the job opportunity. Relevant post-secondary education may be thought about as training.
– Professionals are individuals who hold at least a U.S. bachelor’s or foreign comparable degree and belong to the occupations. Their jobs require a minimum of a bachelor’s degree. Professionals must likewise meet any instructional, training, or experience requirements of the task opportunity.
– Other employees (also called unskilled employees) are individuals efficient in performing common labor whose task requires less than 2 years training or experience, not of a short-term or employment seasonal nature. Other employees must also meet any instructional, 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 certification applications filed on or after June 1, employment 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). For more information, see the Department of Labor’s Foreign Labor Certification website.
Petitions for Schedule A professions are not required to have a DOL-approved labor accreditation. This is due to the fact that DOL has already figured out there are not adequate U.S. employees for those occupations. Currently, DOL has actually designated 2 groups of professions under Schedule A. Group I includes professional nurses and physiotherapists. Group II includes recipients with extraordinary capability in the sciences or arts (including institution of higher learning instructors) and employment immigrants of extraordinary capability in the carrying out arts. A petition for Schedule A classification must be accompanied by a completed, uncertified Form ETA-9089, including all relevant appendices, a signed Final Determination, and a legitimate prevailing wage determination tracking number in Section E, employment 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 designation) should require a minimum of 2 years of experience or training.
– You must show that you have actually satisfied any job requirements defined on the labor accreditation (or for Schedule A classification). This proof might consist of main scholastic records and letters from existing or former employers.
– Relevant post-secondary education may be considered as training.
– The labor certification (or application for Schedule A classification) must require at least a U.S. bachelor’s or foreign comparable degree, and a bachelor’s degree is the normal requirement for employment entry into the profession.
– You must show that you have actually satisfied any job requirements defined on the labor certification (or application for Schedule A classification). This evidence may consist of main academic records and letters from existing or previous companies.
– Education and experience may not be replacemented for a bachelor’s degree.
– The labor certification must need less than 2 years training or experience.
– You must demonstrate that you have fulfilled any requirements specified on the labor accreditation.
Immigrant Petition Process
Third preference petitions are filed using Form I-140, Immigrant Petition for Alien Workers. For info on required supporting documentation and filing charges, see the Form I-140 website (that includes the Form I-140 guidelines and details about filing charges) and the Petition Filing and Processing Procedures for Form I-140, employment Immigrant Petition for Alien Workers website.