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Employment-Based Immigration: Third Preference EB-3

You may be qualified for this immigrant visa preference classification if you are a skilled worker, expert, or other worker.

– Skilled workers are individuals who are capable of carrying out skilled labor and employment whose task requires a minimum of 2 years training or experience, not of a short-lived or seasonal nature. Skilled workers should likewise satisfy any educational, employment training, or experience requirements of the job chance. Relevant post-secondary education may be considered as training.

– Professionals are individuals who hold at least a U.S. bachelor’s or foreign equivalent degree and 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 chance.

– Other employees (also called unskilled employees) are persons efficient in carrying out unskilled work whose job requires less than 2 years training or experience, not of a momentary or seasonal nature. Other employees must likewise fulfill any instructional, training, or experience requirements of the job chance.

Labor Certification

Third choice petitions are typically accompanied by an a signed Form ETA-9089, Application for employment Permanent Employment Certification, approved by DOL, or, for labor accreditation applications filed on or after June 1, 2023, utilizing DOL’s Foreign Labor Application Gateway (FLAG) system, an authorized and signed Form ETA-9089, Final Determination – Permanent Employment Certification Approval (Final Certification). For more 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 accreditation. This is due to the fact that DOL has actually already determined there are not adequate U.S. workers for those professions. Currently, DOL has designated 2 groups of professions under Schedule A. Group I consists of professional nurses and physiotherapists. Group II includes recipients with exceptional ability in the sciences or arts (including institution of higher learning teachers) and immigrants of remarkable capability in the carrying out arts. A petition for Schedule A classification must be accompanied by a finished, uncertified Form ETA-9089, consisting of all applicable appendices, a signed Final Determination, and a valid prevailing wage determination 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 employment application for Schedule A designation) should need at least 2 years of experience or training.

– You need to show that you have actually met any task requirements defined on the labor certification (or application for Schedule A classification). This evidence might include main scholastic records and letters from present or former companies.

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

– The labor accreditation (or application for Schedule A designation) must need a minimum of a U.S. bachelor’s or employment foreign equivalent degree, and a bachelor’s degree is the typical requirement for entry into the profession.

– You should demonstrate that you have actually fulfilled any task requirements specified on the labor accreditation (or application for Schedule A classification). This proof might consist of main academic records and letters from present or former companies.

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

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

– You need to demonstrate that you have actually 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 details on required supporting documentation and filing charges, see the Form I-140 webpage (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 webpage.