Employment-Based Immigration: Third Preference EB-3

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

– Skilled employees are individuals who are capable of carrying out proficient labor and whose task needs a minimum of 2 years training or experience, not of a momentary or seasonal nature. Skilled workers need to likewise satisfy any instructional, training, or experience requirements of the job chance. Relevant post-secondary education might be thought about as training.

– Professionals are individuals who hold a minimum of a U.S. bachelor’s or foreign comparable degree and are a member of the professions. Their tasks require a minimum of a bachelor’s degree. Professionals need to also satisfy any academic, training, or experience requirements of the task opportunity.

– Other employees (also called inexperienced employees) are persons efficient in carrying out unskilled labor whose task needs less than 2 years training or experience, not of a short-term or seasonal nature. Other employees must likewise fulfill any educational, job training, or of the job chance.

Labor Certification

Third preference petitions are generally accompanied by an a signed Form ETA-9089, Application for Permanent Employment Certification, authorized by DOL, or, job for labor certification 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 additional information, see the Department of Labor’s Foreign Labor Certification web page.

Petitions for Schedule An occupations are not required to have a DOL-approved labor accreditation. This is since DOL has currently determined there are not sufficient U.S. workers for those occupations. Currently, DOL has actually designated 2 groups of professions under Schedule A. Group I consists of professional nurses and physiotherapists. Group II includes beneficiaries with exceptional capability in the sciences or arts (consisting of college and university teachers) and immigrants of remarkable ability in the performing arts. A petition for Schedule A designation must be accompanied by a completed, uncertified Form ETA-9089, including all relevant appendices, a signed Final Determination, job and job a legitimate dominating 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 designation) needs to need a minimum of 2 years of experience or training.

– You should demonstrate that you have actually satisfied any job requirements defined on the labor accreditation (or application for Schedule A classification). This evidence might include main scholastic records and letters from current or previous companies.

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

– The labor accreditation (or application for Schedule A classification) needs to need at least a U.S. bachelor’s or foreign comparable degree, and a bachelor’s degree is the typical requirement for entry into the occupation.

– You must demonstrate that you have actually met any job requirements specified on the labor accreditation (or application for job Schedule A designation). This proof may include official scholastic records and letters from existing or previous employers.

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

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

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

Immigrant Petition Process

Third preference petitions are filed using Form I-140, Immigrant Petition for Alien Workers. For information on needed supporting documents and filing costs, see the Form I-140 website (that includes the Form I-140 instructions and details about filing fees) and job the Petition Filing and Processing Procedures for Form I-140, Immigrant Petition for Alien Workers website.