Employment-Based Immigration: Third Preference EB-3

You might be qualified for this immigrant visa preference category if you are a competent worker, expert, or other worker.

– Skilled workers are persons who can carrying out knowledgeable labor job and whose task requires a minimum of 2 years training or experience, not of a temporary or seasonal nature. Skilled employees need to also fulfill any educational, training, or job 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 equivalent degree and are a member of the occupations. Their jobs require a minimum of a bachelor’s degree. Professionals must likewise fulfill any academic, training, or experience requirements of the task chance.

– Other employees (likewise called inexperienced workers) are individuals capable of carrying out unskilled labor whose job needs less than 2 years training or experience, not of a short-lived or seasonal nature. Other employees need to also fulfill any instructional, training, or experience requirements of the job chance.

Labor Certification

Third preference petitions are usually accompanied by an a signed Form ETA-9089, Application for Permanent Employment Certification, authorized by DOL, or, for labor certification 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). For job more details, 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 accreditation. This is since DOL has already identified there are not enough U.S. employees for those occupations. Currently, DOL has designated 2 groups of professions under Schedule A. Group I consists of expert nurses and physical therapists. Group II consists of recipients with exceptional ability in the sciences or arts (including college and university teachers) and immigrants of remarkable capability in the carrying out arts. A petition for Schedule A designation needs to be accompanied by a finished, uncertified Form ETA-9089, including all appropriate appendices, job a signed Final Determination, and a legitimate dominating 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 designation) must require at least 2 years of experience or training.

– You should demonstrate that you have met any job requirements defined on the labor accreditation (or application for Schedule A designation). This evidence may include main scholastic records and letters from existing or previous employers.

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

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

– You need to show that you have actually satisfied any job requirements specified on the labor certification (or application for A classification). This evidence may consist of official academic records and letters from current or previous companies.

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

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

– You need to show that you have actually fulfilled any requirements defined on the labor accreditation.

Immigrant Petition Process

Third choice petitions are filed utilizing Form I-140, Immigrant Petition for Alien Workers. For details on needed supporting documents and filing fees, see the Form I-140 webpage (which consists of the Form I-140 directions and information about filing fees) and the Petition Filing and Processing Procedures for Form I-140, Immigrant Petition for Alien Workers webpage.