Employment-Based Immigration: Third Preference EB-3

You might be eligible for this immigrant visa preference classification if you are a worker, expert, or other worker.

– Skilled employees are individuals who are capable of performing competent labor employment and whose task requires a minimum of 2 years training or experience, not of a momentary or seasonal nature. Skilled employees must likewise satisfy any educational, training, or experience requirements of the task chance. Relevant post-secondary education might be considered as training.

– Professionals are individuals who hold at least a U.S. bachelor’s or foreign comparable degree and are a member of the occupations. Their tasks require a minimum of a bachelor’s degree. Professionals should also meet any educational, training, or experience requirements of the job opportunity.

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

Labor Certification

Third preference petitions are typically accompanied by an a signed Form ETA-9089, Application for Permanent Employment Certification, approved by DOL, or, for labor certification applications submitted on or after June 1, 2023, using DOL’s Foreign Labor Application Gateway (FLAG) system, an approved and signed Form ETA-9089, Final Determination – Permanent Employment Certification Approval (Final Certification). For employment additional information, see the Department of Labor’s Foreign Labor Certification web page.

Petitions for Schedule An occupations are not required to have a DOL-approved labor certification. This is since DOL has actually currently determined there are not enough U.S. employees for those professions. Currently, DOL has actually designated 2 groups of professions under Schedule A. Group I includes expert nurses and physiotherapists. Group II includes beneficiaries with remarkable capability in the sciences or arts (including college and university teachers) and immigrants of extraordinary ability in the performing arts. A petition for Schedule A classification needs to be accompanied by a finished, uncertified Form ETA-9089, including all applicable appendices, a signed Final Determination, and a legitimate dominating wage determination tracking number in Section E, Item 1 of the uncertified Form ETA-9089. To learn more on Schedule A requirements, employment see Volume 6, Part E, Chapter 7, of the USCIS Policy Manual.

– The labor accreditation (or application for Schedule A designation) should need at least 2 years of experience or employment training.

– You should demonstrate that you have actually satisfied any job requirements specified on the labor certification (or application for Schedule A classification). This proof may consist of official scholastic records and letters from present or previous employers.

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

– The labor accreditation (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 normal requirement for entry into the occupation.

– You must demonstrate that you have actually met any task requirements specified on the labor certification (or application for Schedule A classification). This proof may include official academic records and letters from current or former companies.

– Education and experience may not be replacemented for a bachelor’s degree.

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

– You must show that you have fulfilled any requirements specified on the labor accreditation.

Immigrant Petition Process

Third choice petitions are filed using Form I-140, employment Immigrant Petition for Alien Workers. For employment details on required supporting documents and filing fees, see the Form I-140 web page (which includes the Form I-140 directions and info about filing costs) and the Petition Filing and Processing Procedures for Form I-140, Immigrant Petition for Alien Workers web page.