Employment-Based Immigration: Third Preference EB-3

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

– Skilled employees are persons who can carrying out proficient labor and whose job needs at least 2 years training or experience, not of a temporary or seasonal nature. Skilled employees need to likewise satisfy any educational, training, or experience requirements of the job opportunity. Relevant post-secondary education may be considered as training.

– Professionals are persons who hold a minimum of a U.S. bachelor’s or foreign comparable degree and belong to the occupations. Their jobs need a minimum of a bachelor’s degree. Professionals need to also satisfy any instructional, training, or experience requirements of the job opportunity.

– Other employees (also called inexperienced employees) are individuals capable of performing common labor whose job needs less than 2 years training or experience, not of a momentary or seasonal nature. Other workers need to also fulfill any academic, training, or experience requirements of the task opportunity.

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 certification applications filed on or referall.us 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). For more details, see the Department of Labor’s Foreign Labor Certification website.

Petitions for Schedule An occupations are not required to have a DOL-approved labor . This is because DOL has actually currently figured out there are not adequate U.S. workers for those occupations. Currently, DOL has actually designated 2 groups of occupations under Schedule A. Group I includes professional nurses and physical therapists. Group II includes recipients with exceptional capability in the sciences or arts (consisting of institution of higher learning instructors) and immigrants of exceptional capability in the performing arts. A petition for Schedule A classification needs to be accompanied by a completed, uncertified Form ETA-9089, including all applicable appendices, a signed Final Determination, and a valid dominating wage determination tracking number in Section E, Item 1 of the uncertified Form ETA-9089. For more info 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) should need a minimum of 2 years of experience or training.

– You must show that you have satisfied any task requirements defined on the labor certification (or application for Schedule A classification). This evidence may consist of main scholastic 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 designation) must require a minimum of a U.S. bachelor’s or foreign equivalent degree, and a bachelor’s degree is the normal requirement for entry into the occupation.

– You must demonstrate that you have fulfilled any job requirements defined on the labor accreditation (or application for Schedule A designation). This proof may include main scholastic records and letters from current or former employers.

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

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

– You should demonstrate that you have fulfilled any requirements defined on the labor accreditation.

Immigrant Petition Process

Third choice petitions are submitted using Form I-140, Immigrant Petition for Alien Workers. For details on needed supporting documents and filing charges, see the Form I-140 webpage (which consists of the Form I-140 guidelines and details about filing costs) and the Petition Filing and Processing Procedures for Form I-140, Immigrant Petition for Alien Workers web page.