Employment-Based Immigration: Third Preference EB-3

You may be qualified for this immigrant visa choice category if you are a proficient employee, expert, or employment other worker.

– Skilled workers are individuals who are capable of performing competent labor and whose job needs at least 2 years training or experience, employment not of a short-lived or seasonal nature. Skilled workers need to also satisfy any academic, 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 belong to the occupations. Their tasks require a minimum of a bachelor’s degree. should likewise fulfill any academic, training, or experience requirements of the task chance.

– Other workers (likewise called inexperienced employees) are individuals efficient in carrying out unskilled work whose job requires less than 2 years training or experience, not of a temporary or seasonal nature. Other workers must likewise meet any educational, training, or experience requirements of the job chance.

Labor Certification

Third choice petitions are typically accompanied by an a signed Form ETA-9089, Application for Permanent Employment Certification, approved by DOL, or, for labor accreditation 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 more details, employment see the Department of Labor’s Foreign Labor Certification web page.

Petitions for Schedule A professions are not required to have a DOL-approved labor certification. This is due to the fact that DOL has already identified there are not sufficient U.S. employees for those professions. Currently, DOL has actually designated 2 groups of occupations under Schedule A. Group I consists of professional nurses and physical therapists. Group II includes beneficiaries with exceptional capability in the sciences or arts (including institution of higher learning instructors) and immigrants of remarkable capability in the carrying out arts. A petition for Schedule A designation needs to be accompanied by a completed, uncertified Form ETA-9089, including all relevant appendices, a signed Final Determination, and a legitimate prevailing wage determination tracking number in Section E, Item 1 of the uncertified Form ETA-9089. To find out 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) must require at least 2 years of experience or training.

– You need to demonstrate that you have fulfilled any job requirements defined on the labor accreditation (or application for Schedule A designation). This evidence may consist of main academic records and letters from present or previous employers.

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

– The labor accreditation (or application for Schedule A classification) should require 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 must show that you have actually fulfilled any task requirements defined on the labor accreditation (or application for Schedule A designation). This proof may include official scholastic records and letters from existing or previous companies.

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

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

– You need to demonstrate that you have fulfilled 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 details on required supporting documentation and filing costs, see the Form I-140 website (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.