Employment-Based Immigration: Third Preference EB-3

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

– Skilled employees are individuals who are capable of carrying out and whose job needs at least 2 years training or experience, not of a temporary or seasonal nature. Skilled workers need to also fulfill any academic, training, or experience requirements of the task opportunity. Relevant post-secondary education might 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 jobs need a minimum of a bachelor’s degree. Professionals should likewise fulfill any instructional, training, or experience requirements of the job chance.

– Other employees (likewise called inexperienced workers) are individuals capable of performing inexperienced labor whose job requires less than 2 years training or experience, not of a temporary or seasonal nature. Other employees should also satisfy any educational, 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, 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, Final Determination – Permanent Employment Certification Approval (Final Certification). For additional information, see the Department of Labor’s Foreign Labor Certification website.

Petitions for Schedule An occupations are not required to have a DOL-approved labor certification. This is because DOL has currently identified there are not enough U.S. workers for those professions. Currently, DOL has designated 2 groups of occupations under Schedule A. Group I consists of expert nurses and physiotherapists. Group II consists of recipients with extraordinary capability in the sciences or arts (consisting of college and university teachers) and immigrants of exceptional capability in the performing arts. A petition for Schedule A designation should be accompanied by a completed, uncertified Form ETA-9089, including all relevant appendices, a signed Final Determination, and referall.us 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, Part E, Chapter 7, of the USCIS Policy Manual.

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

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

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

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

– You need to show that you have actually met any job requirements defined on the labor accreditation (or application for Schedule A designation). This proof may include official academic records and letters from present or previous companies.

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

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

– You need to demonstrate that you have satisfied any requirements defined on the labor accreditation.

Immigrant Petition Process

Third choice petitions are filed utilizing Form I-140, Immigrant Petition for Alien Workers. For info on needed supporting documents and filing costs, see the Form I-140 website (which includes the Form I-140 instructions and information about filing fees) and the Petition Filing and Processing Procedures for Form I-140, Immigrant Petition for Alien Workers website.