Employment-Based Immigration: Third Preference EB-3

You might be qualified for this immigrant visa preference classification if you are a knowledgeable worker, expert, or employment other employee.

– Skilled employees are persons who can performing knowledgeable labor and whose task requires at least 2 years training or experience, not of a temporary or seasonal nature. Skilled employees must also satisfy any academic, training, or experience requirements of the job chance. Relevant post-secondary education might be considered as training.

– Professionals are persons who hold at least a U.S. bachelor’s or foreign comparable degree and are a member of the occupations. Their tasks need a minimum of a bachelor’s degree. Professionals need to likewise meet any instructional, training, or experience requirements of the job opportunity.

– Other employees (likewise called unskilled workers) are individuals capable of carrying out unskilled labor whose job requires less than 2 years training or experience, not of a short-lived or seasonal nature. Other employees must likewise fulfill any academic, training, or employment experience requirements of the job chance.

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 accreditation applications filed 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 details, see the Department of Labor’s Foreign Labor Certification webpage.

Petitions for Schedule An occupations are not needed to have a DOL-approved labor accreditation. This is because DOL has actually already figured out there are not enough U.S. employees for those professions. Currently, DOL has designated 2 groups of occupations under Schedule A. Group I consists of expert nurses and physical therapists. Group II consists of recipients with remarkable ability in the sciences or arts (including college and university teachers) and immigrants of exceptional capability in the . A petition for Schedule A designation should be accompanied by a completed, uncertified Form ETA-9089, including all applicable appendices, a signed Final Determination, and a legitimate prevailing 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 classification) must need a minimum of 2 years of experience or training.

– You must demonstrate that you have fulfilled any task requirements specified on the labor accreditation (or application for Schedule A designation). This evidence might consist of main academic records and letters from existing or previous companies.

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

– The labor certification (or application for Schedule A classification) 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 should demonstrate that you have satisfied any task requirements defined on the labor employment accreditation (or application for Schedule A designation). This evidence may include official scholastic records and letters from present or former employers.

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

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

– You need to show that you have actually satisfied any requirements defined on the labor certification.

Immigrant Petition Process

Third preference petitions are submitted using Form I-140, Immigrant Petition for Alien Workers. For details on required supporting documents and filing fees, see the Form I-140 webpage (which consists of the Form I-140 directions and employment details about filing fees) and the Petition Filing and Processing Procedures for employment Form I-140, Immigrant Petition for Alien Workers webpage.