Employment-Based Immigration: Third Preference EB-3

You might be eligible for this immigrant visa preference classification if you are a competent worker, professional, or other worker.

– Skilled workers are persons who are capable of carrying out proficient labor and employment whose job requires a minimum of 2 years training or experience, not of a momentary or seasonal nature. Skilled employees should also satisfy any academic, training, or experience requirements of the task chance. 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 need a minimum of a bachelor’s degree. Professionals need to likewise satisfy any educational, training, or experience requirements of the task opportunity.

– Other employees (also called unskilled workers) are individuals capable of performing inexperienced labor whose job needs less than 2 years training or experience, not of a short-lived or seasonal nature. Other workers need to likewise satisfy 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 accreditation 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). To find out more, see the Department of Labor’s Foreign Labor Certification website.

Petitions for Schedule A professions are not needed to have a DOL-approved labor certification. This is since DOL has actually currently determined there are not adequate U.S. workers for those professions. Currently, DOL has actually designated 2 groups of professions under Schedule A. Group I includes expert nurses and physical therapists. Group II includes beneficiaries with remarkable ability in the sciences or arts (including college and university teachers) and immigrants of extraordinary capability in the performing arts. A petition for employment Schedule A classification should be accompanied by a finished, uncertified Form ETA-9089, including all relevant appendices, a signed Final Determination, and a valid dominating wage decision 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 designation) needs to need at least 2 years of experience or training.

– You need to show that you have actually met any task requirements specified on the labor certification (or application for Schedule A designation). This evidence may consist of main scholastic records and letters from existing or former employers.

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

– The labor accreditation (or application for Schedule A designation) must require at least a U.S. bachelor’s or foreign comparable degree, and a bachelor’s degree is the normal requirement for entry into the profession.

– You need to demonstrate that you have fulfilled any job requirements defined on the labor certification (or application for Schedule A designation). This evidence might consist of main scholastic records and letters from existing or former employers.

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

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

– You should demonstrate that you have satisfied any requirements specified on the labor employment accreditation.

Immigrant Petition Process

Third choice petitions are submitted utilizing Form I-140, Immigrant Petition for Alien Workers. For info on needed supporting documentation and filing costs, see the Form I-140 webpage (which includes the Form I-140 directions and info about filing costs) and the Petition Filing and Processing Procedures for Form I-140, Immigrant Petition for Alien Workers web page.