Employment-Based Immigration: Third Preference EB-3

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

– Skilled employees are persons who are capable of performing skilled labor and whose task needs a minimum of 2 years training or experience, not of a momentary or seasonal nature. Skilled employees need to also satisfy any educational, training, or experience requirements of the task opportunity. Relevant post-secondary education might be considered as training.

– Professionals are individuals who hold at least a U.S. bachelor’s or foreign equivalent degree and are a member of the professions. Their jobs need a minimum of a bachelor’s degree. Professionals must likewise satisfy any instructional, training, or experience requirements of the job chance.

– Other workers (also called inexperienced workers) are individuals efficient in performing unskilled work whose job needs less than 2 years training or experience, not of a momentary or seasonal nature. Other employees should also fulfill any academic, training, or experience requirements of the task chance.

Labor Certification

Third preference petitions are normally accompanied by an a signed Form ETA-9089, Application for Permanent Employment Certification, approved by DOL, or, for labor certification applications filed on or 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 additional information, see the of Labor’s Foreign Labor Certification web page.

Petitions for employment Schedule An occupations are not required to have a DOL-approved labor certification. This is because DOL has already figured out there are not adequate U.S. workers for those professions. Currently, DOL has designated 2 groups of occupations under Schedule A. Group I consists of expert nurses and physical therapists. Group II consists of recipients with exceptional capability in the sciences or arts (including college and employment university instructors) and immigrants of remarkable capability in the performing arts. A petition for Schedule A classification needs to be accompanied by a finished, uncertified Form ETA-9089, employment including all applicable appendices, a signed Final Determination, and a legitimate dominating wage determination tracking number in Section E, 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 classification) needs to need a minimum of 2 years of experience or training.

– You must show that you have actually satisfied any task requirements specified on the labor accreditation (or application for Schedule A designation). This evidence may consist of main academic records and letters from existing or former companies.

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

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

– You must show that you have actually met any job requirements specified on the labor accreditation (or application for Schedule A classification). This proof might include main academic records and letters from current or former employers.

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

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

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

Immigrant Petition Process

Third choice petitions are filed utilizing Form I-140, Immigrant Petition for Alien Workers. For info on needed supporting paperwork and filing charges, see the Form I-140 webpage (which includes the Form I-140 directions and info about filing charges) and the Petition Filing and Processing Procedures for Form I-140, Immigrant Petition for Alien Workers website.