Employment-Based Immigration: Third Preference EB-3

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

– Skilled employees are persons who are capable of carrying out experienced labor and whose task needs a minimum of 2 years training or experience, not of a short-term or seasonal nature. Skilled employees need to likewise meet any academic, training, employment 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 occupations. Their jobs require a minimum of a bachelor’s degree. Professionals must also meet any academic, training, or experience requirements of the task chance.

– Other employees (also called unskilled workers) are individuals efficient in performing common labor whose task needs less than 2 years training or employment experience, not of a temporary or seasonal nature. Other employees should also meet any instructional, training, or experience requirements of the job opportunity.

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, utilizing 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 info, see the Department of Labor’s Foreign Labor Certification website.

Petitions for Schedule A professions are not required to have a DOL-approved labor certification. This is since DOL has already identified there are not sufficient U.S. workers for those professions. Currently, DOL has actually designated 2 groups of occupations under Schedule A. Group I includes professional nurses and physical therapists. Group II consists of beneficiaries with remarkable ability in the sciences or arts (consisting of institution of higher learning teachers) and immigrants of exceptional capability in the . A petition for Schedule A designation should be accompanied by a completed, uncertified Form ETA-9089, consisting of all applicable appendices, a signed Final Determination, and a legitimate prevailing wage determination tracking number in Section E, employment Item 1 of the uncertified Form ETA-9089. To find out 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 classification) should need a minimum of 2 years of experience or training.

– You must show that you have satisfied any job requirements specified on the labor accreditation (or application for Schedule A classification). This evidence might consist of official academic records and letters from present or former employers.

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

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

– You need to show that you have actually satisfied any task requirements defined on the labor certification (or application for Schedule A classification). This proof may consist of official academic records and letters from present or previous companies.

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

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

– You should demonstrate that you have actually fulfilled any requirements defined on the labor accreditation.

Immigrant Petition Process

Third choice petitions are submitted using Form I-140, Immigrant Petition for Alien Workers. For details on needed supporting paperwork and filing fees, see the Form I-140 web page (that includes the Form I-140 directions and information about filing charges) and the Petition Filing and Processing Procedures for Form I-140, Immigrant Petition for Alien Workers web page.