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Employment-Based Immigration: Third Preference EB-3

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

– Skilled employees are individuals who can carrying out proficient labor and whose job needs at least 2 years training or experience, not of a short-term or seasonal nature. Skilled workers need to likewise satisfy any educational, training, or experience requirements of the job opportunity. Relevant post-secondary education might be thought about as training.

– Professionals are individuals who hold at least a U.S. bachelor’s or foreign equivalent degree and belong to the professions. Their jobs require a minimum of a bachelor’s degree. Professionals must likewise fulfill any academic, training, or experience requirements of the job chance.

– Other workers (also called inexperienced workers) are persons capable of carrying out unskilled work whose task needs less than 2 years training or experience, not of a short-term or seasonal nature. Other employees need to also fulfill any academic, training, or experience requirements of the job opportunity.

Labor Certification

Third choice petitions are generally accompanied by an a signed Form ETA-9089, Application for Permanent Employment Certification, employment approved by DOL, or, employment for labor accreditation applications filed on or after June 1, 2023, utilizing DOL’s Foreign Labor Application Gateway (FLAG) system, an authorized and signed Form ETA-9089, Final Determination – Permanent Employment Certification Approval (Final Certification). To find out more, see the Department of Labor’s Foreign Labor Certification website.

Petitions for Schedule An occupations are not required to have a DOL-approved labor certification. This is since DOL has already determined there are not sufficient U.S. workers for those professions. Currently, DOL has designated 2 groups of occupations under Schedule A. Group I consists of expert nurses and physiotherapists. Group II includes beneficiaries with extraordinary ability in the sciences or arts (consisting of and university teachers) and immigrants of exceptional ability in the carrying out arts. A petition for Schedule A classification needs to be accompanied by a completed, uncertified Form ETA-9089, consisting of all appropriate 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 employment more details 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) should require at least 2 years of experience or employment training.

– You need to demonstrate that you have fulfilled any task requirements defined on the labor certification (or application for Schedule A classification). This evidence might include main academic records and letters from present or former employers.

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

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

– You need to demonstrate that you have fulfilled any job requirements specified on the labor accreditation (or application for Schedule A designation). This proof might consist of official scholastic records and letters from existing or former employers.

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

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

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

Immigrant Petition Process

Third choice petitions are filed using Form I-140, Immigrant Petition for Alien Workers. For details on needed supporting documents and filing charges, see the Form I-140 webpage (that includes the Form I-140 guidelines and info about filing costs) and the Petition Filing and Processing Procedures for employment Form I-140, Immigrant Petition for Alien Workers webpage.