Employment-Based Immigration: Third Preference EB-3

You may be eligible for this immigrant visa preference category if you are a skilled worker, expert, or other employee.

– Skilled employees are individuals who can carrying out competent labor and whose job requires at least 2 years training or experience, not of a short-lived or seasonal nature. Skilled workers should likewise satisfy any instructional, training, or experience requirements of the task opportunity. Relevant post-secondary education may be thought about as training.

– Professionals are individuals who hold at least a U.S. bachelor’s or foreign comparable degree and belong to the professions. Their tasks need a minimum of a bachelor’s degree. Professionals need to likewise fulfill any instructional, training, or experience requirements of the job opportunity.

– Other workers (also called unskilled workers) are persons efficient in carrying out common labor whose task needs less than 2 years training or experience, not of a temporary or seasonal nature. Other employees must also meet any educational, training, or experience requirements of the job opportunity.

Labor Certification

Third preference petitions are generally accompanied by an a signed Form ETA-9089, Application for Permanent Employment Certification, approved 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, employment Final Determination – Permanent Employment Certification Approval (Final Certification). For more details, see the Department of Labor’s Foreign Labor employment Certification web page.

Petitions for Schedule A professions are not required to have a DOL-approved labor certification. This is because DOL has actually currently identified there are not adequate U.S. workers for those occupations. Currently, employment DOL has actually designated 2 groups of professions under Schedule A. Group I includes professional nurses and physiotherapists. Group II includes beneficiaries with exceptional capability in the or arts (including college and university teachers) and immigrants of extraordinary capability in the carrying out arts. A petition for Schedule A designation should be accompanied by a completed, uncertified Form ETA-9089, consisting of all relevant 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 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 classification) must need a minimum of 2 years of experience or training.

– You should demonstrate that you have satisfied any job requirements defined on the labor employment accreditation (or application for Schedule A designation). This proof may consist of main academic records and letters from existing or former companies.

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

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

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

– Education and experience may not be alternatived to a bachelor’s degree.

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

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

Immigrant Petition Process

Third preference petitions are submitted utilizing Form I-140, Immigrant Petition for Alien Workers. For information on required supporting documents and filing fees, see the Form I-140 webpage (which includes the Form I-140 guidelines and information about filing costs) and employment the Petition Filing and Processing Procedures for Form I-140, Immigrant Petition for Alien Workers webpage.