Employment-Based Immigration: Third Preference EB-3

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

– Skilled workers are persons who are capable of performing experienced labor and whose job needs at least 2 years training or experience, not of a temporary or seasonal nature. Skilled workers should likewise satisfy any instructional, training, or experience requirements of the job chance. 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 equivalent degree and belong to the occupations. Their jobs need a minimum of a bachelor’s degree. Professionals need to likewise meet any educational, training, or experience requirements of the task chance.

– Other employees (also called inexperienced employees) are persons efficient in carrying out unskilled work whose job needs less than 2 years training or experience, not of a short-term or seasonal nature. Other employees should also meet any instructional, training, or experience requirements of the task opportunity.

Labor Certification

Third choice petitions are typically accompanied by an a signed Form ETA-9089, Application for Permanent Employment Certification, authorized by DOL, or, for labor certification applications submitted on or referall.us after June 1, 2023, utilizing 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 website.

Petitions for Schedule An occupations are not required to have a DOL-approved labor accreditation. This is because DOL has already identified there are not sufficient U.S. workers for those professions. Currently, DOL has actually designated 2 groups of occupations under Schedule A. Group I consists of professional nurses and physiotherapists. Group II consists of beneficiaries with extraordinary capability in the sciences or arts (consisting of institution of higher learning teachers) and immigrants of extraordinary ability in the performing arts. A petition for Schedule A designation needs to be accompanied by a finished, uncertified Form ETA-9089, including all applicable 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 need a minimum of 2 years of experience or training.

– You should show that you have met any task requirements defined on the labor certification (or application for Schedule A designation). This proof may consist of main academic records and letters from present or former companies.

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

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

– You should show that you have actually fulfilled any task requirements specified on the labor certification (or application for Schedule A designation). This evidence may consist of official scholastic records and letters from existing or previous companies.

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

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

– You need to show that you have fulfilled any requirements defined on the labor accreditation.

Immigrant Petition Process

Third choice petitions are filed utilizing Form I-140, Immigrant Petition for Alien Workers. For info on required supporting documentation and filing fees, see the Form I-140 webpage (which consists of the Form I-140 guidelines and details about filing fees) and the Petition Filing and Processing Procedures for Form I-140, Immigrant Petition for Alien Workers webpage.