Employment-Based Immigration: Third Preference EB-3

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

– Skilled employees are individuals who can carrying out proficient labor and whose job needs a minimum of 2 years training or experience, not of a temporary or seasonal nature. Skilled workers need to also meet any instructional, training, or experience requirements of the task chance. Relevant post-secondary education may be considered as training.

– Professionals are persons who hold at least a U.S. bachelor’s or foreign equivalent degree and are a member of the professions. Their jobs require a minimum of a bachelor’s degree. Professionals need to also satisfy any academic, training, or experience requirements of the job chance.

– Other employees (likewise called unskilled employees) are individuals efficient in 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 fulfill any academic, training, or experience requirements of the job chance.

Labor Certification

Third preference petitions are typically accompanied by an a signed Form ETA-9089, Application for Permanent Employment Certification, approved by DOL, or, employment 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). For more details, 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 figured out there are not enough U.S. employees for those occupations. Currently, employment DOL has designated 2 groups of occupations under Schedule A. Group I consists of professional nurses and physiotherapists. Group II consists of beneficiaries with exceptional ability in the sciences or arts (including college and university instructors) and immigrants of remarkable ability in the performing arts. A petition for Schedule A designation should be accompanied by a completed, uncertified Form ETA-9089, including all appropriate appendices, a signed Final Determination, and a valid dominating wage determination tracking number in Section E, Item 1 of the uncertified Form ETA-9089. For additional 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 a minimum of 2 years of experience or training.

– You need to show that you have met any job requirements specified on the labor accreditation (or application for Schedule A classification). This proof may include official academic records and letters from current or previous companies.

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

– The labor accreditation (or application for Schedule A classification) must 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 fulfilled any job requirements defined on the labor certification (or application for Schedule A designation). This proof might include main academic records and letters from present or former employers.

– Education and may not be substituted for a bachelor’s degree.

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

– You must demonstrate that you have satisfied any requirements defined on the labor certification.

Immigrant Petition Process

Third choice petitions are submitted using Form I-140, Immigrant Petition for Alien Workers. For info on needed supporting documentation and filing costs, see the Form I-140 web page (which consists of the Form I-140 guidelines and info about filing costs) and the Petition Filing and Processing Procedures for Form I-140, Immigrant Petition for Alien Workers web page.