Employment-Based Immigration: Third Preference EB-3

You might be qualified for this immigrant visa choice category if you are an experienced employee, professional, or other employee.

– Skilled employees are persons who can carrying out proficient labor and whose job needs a minimum of 2 years training or experience, not of a momentary or seasonal nature. Skilled workers should also satisfy any educational, training, or experience requirements of the job 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 professions. Their jobs need a minimum of a bachelor’s degree. Professionals should also fulfill any educational, training, or experience requirements of the task opportunity.

– Other workers (likewise called inexperienced employees) are persons efficient in carrying out common labor whose job requires less than 2 years training or experience, not of a temporary or seasonal nature. Other workers should also meet any academic, training, or of the task chance.

Labor Certification

Third preference petitions are normally accompanied by an a signed Form ETA-9089, Application for Permanent Employment Certification, authorized by DOL, or, for labor accreditation applications submitted on or after June 1, 2023, using DOL’s Foreign Labor Application Gateway (FLAG) system, an authorized and signed Form ETA-9089, Final Determination – Permanent Employment Certification Approval (Final Certification). To learn more, see the Department of Labor’s Foreign Labor Certification webpage.

Petitions for Schedule A professions are not needed to have a DOL-approved labor accreditation. This is since DOL has currently identified there are not enough U.S. employees for those professions. Currently, DOL has designated 2 groups of professions under Schedule A. Group I includes expert nurses and physiotherapists. Group II consists of recipients with remarkable capability 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 must be accompanied by a completed, uncertified Form ETA-9089, consisting of all relevant 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 information on Schedule A requirements, see Volume 6, Part E, Chapter 7, of the USCIS Policy Manual.

– The labor accreditation (or application for Schedule A designation) must require at least 2 years of experience or training.

– You must demonstrate that you have actually satisfied any job requirements specified on the labor certification (or application for Schedule A designation). This evidence might consist of official scholastic records and letters from present or previous employers.

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

– The labor certification (or application for Schedule A classification) should need a minimum of a U.S. bachelor’s or foreign equivalent degree, and a bachelor’s degree is the regular requirement for entry into the profession.

– You need to show that you have met any job requirements specified on the labor certification (or application for Schedule A classification). This proof might include main academic records and letters from present or previous employers.

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

– The labor certification must need less than 2 years training or experience.

– You must show that you have fulfilled any requirements specified on the labor certification.

Immigrant Petition Process

Third choice petitions are filed utilizing Form I-140, Immigrant Petition for Alien Workers. For information on required supporting documentation and filing fees, referall.us see the Form I-140 web page (which includes the Form I-140 instructions and details about filing fees) and the Petition Filing and Processing Procedures for Form I-140, Immigrant Petition for Alien Workers web page.