Employment-Based Immigration: Third Preference EB-3

You might be qualified for this immigrant visa choice classification if you are a proficient worker, professional, job or other worker.

– Skilled workers are persons who are capable of carrying out competent labor and whose job requires at least 2 years training or experience, not of a short-lived or seasonal nature. Skilled employees must likewise fulfill any academic, training, or experience requirements of the job chance. Relevant post-secondary education may be thought about as training.

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

– Other employees (likewise called unskilled employees) are persons efficient in carrying out unskilled labor whose job needs less than 2 years training or experience, not of a short-term or seasonal nature. Other workers must likewise fulfill any instructional, training, or experience requirements of the task opportunity.

Labor Certification

Third choice petitions are typically 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 job signed Form ETA-9089, Final Determination – Permanent Employment Certification Approval (Final Certification). For more information, see the Department of Labor’s Foreign Labor Certification website.

Petitions for Schedule An occupations are not needed to have a DOL-approved labor certification. This is because DOL has currently determined there are not enough U.S. employees for those occupations. Currently, DOL has actually designated 2 groups of occupations under Schedule A. Group I consists of expert nurses and physical therapists. Group II includes beneficiaries with extraordinary capability in the sciences or arts (including institution of higher learning instructors) and immigrants of extraordinary ability in the carrying out 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, job and a valid dominating wage decision tracking number in Section E, Item 1 of the uncertified Form ETA-9089. To find out more on Schedule A requirements, see Volume 6, Part E, Chapter 7, of the USCIS Policy Manual.

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

– You should demonstrate that you have actually satisfied any task requirements defined on the labor certification (or application for Schedule A designation). This evidence might consist of official academic records and letters from current or former employers.

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

– The labor accreditation (or for Schedule A designation) must 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 must show that you have actually satisfied any job requirements defined on the labor certification (or application for Schedule A classification). This proof might consist of official academic records and letters from present or former employers.

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

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

– You should show that you have satisfied any requirements specified on the labor accreditation.

Immigrant Petition Process

Third choice petitions are submitted using Form I-140, Immigrant Petition for Alien Workers. For information on required supporting paperwork and filing charges, see the Form I-140 website (that includes the Form I-140 directions and info about filing charges) and the Petition Filing and Processing Procedures for job Form I-140, Immigrant Petition for Alien Workers web page.