Employment-Based Immigration: Third Preference EB-3

You may be qualified for this immigrant visa choice classification if you are a competent employee, professional, or other worker.

– Skilled employees are persons who can performing experienced labor and whose task requires a minimum of 2 years training or experience, not of a temporary or seasonal nature. Skilled workers must likewise meet any instructional, training, or experience requirements of the task chance. Relevant post-secondary education may be considered as training.

– Professionals are persons who hold a minimum of a U.S. bachelor’s or foreign equivalent degree and are a member of the professions. Their jobs require a minimum of a degree. Professionals should also satisfy any instructional, training, or experience requirements of the job opportunity.

– Other employees (likewise called inexperienced employees) are individuals efficient in carrying out unskilled labor whose task needs less than 2 years training or experience, not of a temporary or seasonal nature. Other employees should likewise fulfill any academic, training, or experience requirements of the job opportunity.

Labor Certification

Third preference petitions are normally accompanied by an a signed Form ETA-9089, Application for Permanent Employment Certification, authorized by DOL, or, 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). To find out more, 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 actually already determined there are not adequate U.S. employees for those occupations. Currently, DOL has designated 2 groups of occupations under Schedule A. Group I includes professional nurses and physical therapists. Group II includes beneficiaries with extraordinary capability in the sciences or arts (consisting of college and university instructors) and immigrants of extraordinary ability in the performing arts. A petition for Schedule A classification should be accompanied by a finished, referall.us 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. To find out more on Schedule A requirements, see Volume 6, Part E, Chapter 7, of the USCIS Policy Manual.

– The labor certification (or application for Schedule A classification) must require a minimum of 2 years of experience or training.

– You should show that you have actually fulfilled any job requirements specified on the labor accreditation (or application for Schedule A classification). This evidence might consist of official academic records and letters from current or former employers.

– Relevant post-secondary education may be thought about as training.

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

– You must show that you have fulfilled any job requirements specified on the labor accreditation (or application for Schedule A designation). This evidence might include official scholastic records and letters from current or previous employers.

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

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

– You must demonstrate that you have actually satisfied any requirements specified on the labor accreditation.

Immigrant Petition Process

Third preference petitions are filed using Form I-140, Immigrant Petition for Alien Workers. For information on required supporting documentation and filing costs, see the Form I-140 web page (which includes the Form I-140 directions and details about filing fees) and the Petition Filing and Processing Procedures for Form I-140, Immigrant Petition for Alien Workers web page.