Employment-Based Immigration: Third Preference EB-3

You might be eligible for this immigrant visa choice classification if you are a knowledgeable employee, professional, or other employee.

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

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

– Other employees (likewise called unskilled employees) are persons capable of carrying out inexperienced labor whose task requires less than 2 years training or experience, not of a short-term or seasonal nature. Other employees must also satisfy any academic, training, or experience requirements of the job chance.

Labor Certification

Third preference petitions are generally accompanied by an a signed Form ETA-9089, Application for Permanent Employment Certification, authorized by DOL, or, for labor employment accreditation applications filed on or after June 1, 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 webpage.

Petitions for Schedule A professions are not required to have a DOL-approved labor certification. This is due to the fact that DOL has already identified there are not adequate 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 physical therapists. Group II consists of recipients with remarkable ability in the sciences or arts (consisting of institution of higher learning instructors) and immigrants of extraordinary ability in the carrying out arts. A petition for Schedule A classification should be accompanied by a completed, uncertified Form ETA-9089, including all relevant appendices, a signed Final Determination, and a valid dominating wage determination 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 certification (or application for Schedule A designation) should need at least 2 years of experience or training.

– You need to demonstrate that you have actually met any task requirements defined on the labor certification (or application for Schedule A designation). This evidence might consist of official academic records and letters from existing or previous employers.

post-secondary education might be considered as training.

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

– You need to show that you have met any job requirements specified on the labor employment accreditation (or application for employment Schedule A classification). This evidence might include official scholastic records and letters from current or previous companies.

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

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

– You must demonstrate that you have actually fulfilled any requirements specified on the labor accreditation.

Immigrant Petition Process

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