Employment-Based Immigration: Third Preference EB-3

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

– Skilled workers are individuals who are capable of carrying out experienced labor and whose job needs a minimum of 2 years training or experience, not of a momentary or seasonal nature. Skilled employees must likewise meet any academic, referall.us training, or experience requirements of the task chance. Relevant post-secondary education may be considered as training.

– Professionals are individuals 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 bachelor’s degree. Professionals need to likewise meet any academic, training, or experience requirements of the task opportunity.

– Other workers (likewise called unskilled employees) are persons efficient in carrying out unskilled work whose task requires less than 2 years training or experience, not of a short-term or seasonal nature. Other employees should also meet any educational, training, or experience requirements of the task 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 filed 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). For more info, see the Department of Labor’s Foreign Labor Certification web page.

Petitions for Schedule An occupations are not needed to have a DOL-approved labor accreditation. This is because DOL has actually already identified there are not sufficient U.S. workers for those occupations. Currently, DOL has actually designated 2 groups of occupations under Schedule A. Group I consists of professional nurses and physical therapists. Group II consists of beneficiaries with extraordinary capability in the sciences or arts (consisting of institution of higher learning 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 suitable appendices, a signed Final Determination, and a valid 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, Part E, Chapter 7, of the USCIS Policy Manual.

– The labor accreditation (or application for Schedule A classification) needs to require at least 2 years of experience or training.

– You must demonstrate that you have actually fulfilled any task requirements specified on the labor certification (or application for Schedule A designation). This evidence may include main academic records and letters from present or previous companies.

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

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

– You must show that you have satisfied any job requirements defined on the labor certification (or application for Schedule A classification). This proof may include official scholastic records and letters from present or previous companies.

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

– The labor certification must need less than 2 years training or experience.

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

Immigrant Petition Process

Third choice petitions are filed using Form I-140, Immigrant Petition for Alien Workers. For info on required supporting paperwork and filing fees, see the Form I-140 website (that 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 website.