Employment-Based Immigration: Third Preference EB-3

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

– Skilled employees are individuals who can carrying out competent labor and whose task requires at least 2 years training or experience, not of a short-term or seasonal nature. Skilled workers should likewise meet any instructional, 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 employment are a member of the occupations. Their tasks require a minimum of a bachelor’s degree. Professionals should also fulfill any educational, training, or experience requirements of the task opportunity.

– Other workers (likewise called unskilled workers) are individuals capable of performing common labor whose task needs less than 2 years training or experience, not of a momentary or seasonal nature. Other employees must also satisfy any instructional, training, or experience requirements of the job chance.

Labor Certification

Third choice petitions are normally accompanied by an a signed Form ETA-9089, Application for Permanent Employment Certification, authorized by DOL, or, for labor accreditation applications filed 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). To find out more, see the Department of Labor’s Foreign Labor Certification webpage.

Petitions for Schedule An occupations are not required to have a DOL-approved labor certification. This is because DOL has actually currently determined there are not enough U.S. employees for those professions. Currently, DOL has designated 2 groups of under Schedule A. Group I includes professional nurses and physiotherapists. Group II consists of recipients with exceptional capability in the sciences or arts (including college and university instructors) and immigrants of exceptional ability in the carrying out arts. A petition for Schedule A classification needs to be accompanied by a finished, uncertified Form ETA-9089, including all applicable appendices, a signed Final Determination, and a valid dominating wage decision 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 certification (or application for Schedule A designation) should require a minimum of 2 years of experience or training.

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

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

– The labor certification (or application for Schedule A classification) must require at least a U.S. bachelor’s or foreign equivalent degree, and a bachelor’s degree is the typical requirement for entry into the occupation.

– You should demonstrate that you have actually met any job requirements specified on the labor certification (or employment application for Schedule A designation). This proof may consist of official scholastic records and letters from current or former companies.

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

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

– You must demonstrate that you have actually met any requirements specified on the labor certification.

Immigrant Petition Process

Third choice petitions are submitted utilizing Form I-140, Immigrant Petition for Alien Workers. For info on needed supporting documents and filing fees, see the Form I-140 web page (that includes the Form I-140 guidelines and information about filing charges) and employment the Petition Filing and Processing Procedures for Form I-140, Immigrant Petition for Alien Workers webpage.