Employment-Based Immigration: Third Preference EB-3

You may be qualified for this immigrant visa choice category if you are a skilled worker, professional, or other employee.

– Skilled workers are individuals who can carrying out skilled labor and whose job requires a minimum of 2 years training or experience, not of a temporary or seasonal nature. Skilled workers should likewise fulfill any educational, training, or experience requirements of the task 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 are a member of the occupations. Their jobs require a minimum of a bachelor’s degree. Professionals should likewise satisfy any instructional, training, or experience requirements of the task opportunity.

– Other employees (also called unskilled workers) are individuals capable of performing unskilled work whose task needs less than 2 years training or experience, employment not of a short-term or seasonal nature. Other employees need to likewise satisfy any academic, training, or experience requirements of the task chance.

Labor Certification

Third choice petitions are usually accompanied by an a signed Form ETA-9089, Application for Permanent Employment Certification, approved by DOL, employment or, for labor employment accreditation applications submitted on or after June 1, employment 2023, 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 needed to have a DOL-approved labor certification. This is due to the fact that DOL has already figured out there are not sufficient U.S. workers for employment those occupations. Currently, DOL has designated 2 groups of occupations under Schedule A. Group I consists of professional nurses and physical therapists. Group II consists of recipients with exceptional ability in the sciences or arts (consisting of institution of higher learning instructors) and immigrants of extraordinary capability in the carrying out arts. A petition for Schedule A classification must be accompanied by a finished, uncertified Form ETA-9089, including all suitable appendices, a signed Final Determination, and a legitimate prevailing 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 designation) must require a minimum of 2 years of experience or training.

– You need to show that you have actually met any job requirements specified on the labor certification (or application for Schedule A classification). This evidence might consist of main academic records and letters from current or previous companies.

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

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

– You need to show that you have fulfilled any job requirements defined on the labor employment accreditation (or application for Schedule A classification). This proof might include main scholastic records and letters from present or former companies.

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

– The labor accreditation need to need 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 utilizing Form I-140, Immigrant Petition for Alien Workers. For info on needed supporting documentation and filing charges, see the Form I-140 webpage (which includes the Form I-140 directions and details about filing charges) and the Petition Filing and Processing Procedures for Form I-140, Immigrant Petition for Alien Workers website.