Employment-Based Immigration: Third Preference EB-3

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

– Skilled workers are persons who can performing competent labor 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 academic, training, or experience requirements of the task chance. Relevant post-secondary education might be thought about as training.

– Professionals are persons who hold a minimum of a U.S. bachelor’s or foreign equivalent degree and belong to the professions. Their tasks require a minimum of a bachelor’s degree. Professionals should likewise satisfy any academic, training, or experience requirements of the job opportunity.

– Other workers (likewise called inexperienced workers) are individuals capable of performing common labor whose job needs less than 2 years training or experience, not of a short-term or seasonal nature. Other employees need to likewise satisfy any instructional, training, or experience requirements of the task chance.

Labor Certification

Third choice petitions are generally accompanied by an a signed Form ETA-9089, Application for Permanent Employment Certification, approved 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). To learn more, see the Department of Labor’s Foreign Labor Certification web page.

Petitions for Schedule A professions are not needed to have a DOL-approved labor certification. This is due to the fact that DOL has actually currently identified there are not enough U.S. employees for those occupations. Currently, DOL has designated 2 groups of professions under Schedule A. Group I includes expert nurses and physiotherapists. Group II includes beneficiaries with extraordinary capability in the sciences or arts (including institution of higher learning instructors) and immigrants of exceptional capability in the carrying out arts. A petition for Schedule A classification should be accompanied by a completed, employment uncertified Form ETA-9089, including all relevant appendices, a signed Final Determination, and employment a legitimate prevailing 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, employment Part E, Chapter 7, of the USCIS Policy Manual.

– The labor certification (or application for Schedule A classification) should need at least 2 years of experience or training.

– You need to show that you have fulfilled any task requirements defined on the labor certification (or application for A classification). This proof might include main academic records and letters from current or previous employers.

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

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

– You should 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 employment former employers.

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

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

– You should show that you have actually fulfilled any requirements specified on the labor certification.

Immigrant Petition Process

Third preference petitions are filed utilizing Form I-140, Immigrant Petition for Alien Workers. For information on required supporting documents and filing charges, see the Form I-140 webpage (that includes the Form I-140 instructions and employment details about filing fees) and the Petition Filing and Processing Procedures for Form I-140, Immigrant Petition for Alien Workers web page.