Employment-Based Immigration: Third Preference EB-3

You may be qualified for this immigrant visa preference category if you are a knowledgeable employee, professional, or other employee.

– Skilled workers are individuals who are capable of carrying out competent labor and whose job requires at least 2 years training or experience, not of a momentary or seasonal nature. Skilled workers should likewise meet any educational, employment training, or experience requirements of the job opportunity. Relevant post-secondary education may 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 must also fulfill any instructional, training, or experience requirements of the task chance.

– Other workers (also called unskilled workers) are individuals capable of performing unskilled work whose job needs less than 2 years training or employment experience, not of a temporary or seasonal nature. Other employees should likewise fulfill any academic, training, or experience requirements of the job chance.

Labor Certification

Third choice petitions are generally accompanied by an a signed Form ETA-9089, Application for Permanent Employment Certification, approved by DOL, or, for labor certification applications submitted on or after June 1, 2023, using DOL’s Foreign Labor Application Gateway (FLAG) system, an approved and signed Form ETA-9089, employment Final Determination – Permanent Employment Certification Approval (Final Certification). For additional information, see the Department of Labor’s Foreign Labor Certification webpage.

Petitions for Schedule An occupations are not needed to have a DOL-approved labor certification. This is due to the fact that DOL has actually already determined there are not adequate 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 (consisting of college and university teachers) and immigrants of remarkable capability in the carrying out arts. A petition for Schedule A designation should be accompanied by a finished, uncertified Form ETA-9089, including all suitable appendices, a signed Final Determination, and a valid prevailing wage decision 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, of the USCIS Policy Manual.

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

– You need to show that you have satisfied any job requirements specified on the labor accreditation (or application for Schedule A designation). This proof might include official scholastic records and employment letters from existing or previous companies.

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

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

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

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

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

– You must show that you have actually satisfied any requirements defined on the labor accreditation.

Immigrant Petition Process

Third preference petitions are filed utilizing Form I-140, Immigrant Petition for Alien Workers. For information on needed supporting documents and filing costs, employment see the Form I-140 web page (that includes the Form I-140 directions and details about filing charges) and the Petition Filing and for Form I-140, Immigrant Petition for Alien Workers website.