Employment-Based Immigration: Third Preference EB-3

You may be eligible for this immigrant visa preference category if you are a knowledgeable worker, expert, or other worker.

– Skilled employees are persons who can performing proficient labor and whose job requires a minimum of 2 years training or experience, not of a short-term or seasonal nature. Skilled workers should also fulfill any instructional, training, or experience requirements of the task chance. Relevant post-secondary education may be considered as training.

– Professionals are individuals who hold a minimum of 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 must also fulfill any instructional, training, or experience requirements of the task opportunity.

– Other workers (likewise called unskilled workers) are individuals capable of carrying out unskilled work whose job requires less than 2 years training or employment experience, not of a short-term or seasonal nature. Other employees must likewise meet any instructional, training, or experience requirements of the task opportunity.

Labor Certification

Third choice petitions are usually accompanied by an a signed Form ETA-9089, Application for Permanent Employment Certification, authorized by DOL, or, for labor employment certification applications submitted 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 An occupations are not needed to have a DOL-approved labor accreditation. This is due to the fact that DOL has actually already figured out there are not sufficient U.S. employees for those occupations. Currently, DOL has actually designated 2 groups of professions under Schedule A. Group I includes professional nurses and physiotherapists. Group II includes beneficiaries with exceptional ability in the or arts (including institution of higher learning instructors) and immigrants of extraordinary ability in the carrying out arts. A petition for Schedule A designation must be accompanied by a finished, uncertified Form ETA-9089, including all relevant appendices, a signed Final Determination, and a legitimate dominating wage determination tracking number in Section E, Item 1 of the uncertified Form ETA-9089. To learn more on Schedule A requirements, see Volume 6, Part E, Chapter 7, employment of the USCIS Policy Manual.

– The labor certification (or application for Schedule A designation) should need a minimum of 2 years of experience or training.

– You need to demonstrate that you have met any job requirements defined on the labor employment accreditation (or application for Schedule A designation). This proof might include main scholastic records and letters from existing or previous employers.

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

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

– You should demonstrate that you have actually satisfied any task requirements specified on the labor certification (or application for Schedule A designation). This evidence might consist of main scholastic records and letters from current or previous companies.

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

– The labor accreditation need to require 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 using Form I-140, Immigrant Petition for employment Alien Workers. For info on needed supporting documentation and filing costs, see the Form I-140 web page (that includes the Form I-140 directions and information about filing fees) and the Petition Filing and Processing Procedures for Form I-140, Immigrant Petition for Alien Workers website.