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Employment-Based Immigration: Third Preference EB-3

You might be qualified for this immigrant visa preference classification if you are a competent employee, professional, or other employee.

– Skilled workers are persons who are capable of carrying out knowledgeable labor and whose job needs a minimum of 2 years training or experience, not of a temporary or seasonal nature. Skilled employees need to likewise meet any instructional, training, or experience requirements of the task opportunity. Relevant post-secondary education might be thought about as training.

– Professionals are persons who hold at least 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 should also satisfy any instructional, training, or of the task opportunity.

– Other employees (also called unskilled workers) are individuals capable of carrying out unskilled work whose job requires less than 2 years training or experience, not of a temporary or seasonal nature. Other employees need to likewise fulfill any instructional, 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, approved by DOL, or, for labor accreditation 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 additional information, see the Department of Labor’s Foreign Labor Certification webpage.

Petitions for Schedule An occupations are not required to have a DOL-approved labor certification. This is because DOL has already determined there are not adequate U.S. employees for those professions. Currently, DOL has designated 2 groups of occupations under Schedule A. Group I consists of professional nurses and physical therapists. Group II includes recipients with extraordinary ability in the sciences or arts (consisting of college and university teachers) and immigrants of remarkable ability in the carrying out arts. A petition for Schedule A designation needs to be accompanied by a completed, uncertified Form ETA-9089, consisting of all relevant appendices, a signed Final Determination, and a valid prevailing 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 referall.us application for Schedule A designation) must require at least 2 years of experience or training.

– You need to show that you have actually fulfilled any task requirements specified on the labor accreditation (or application for Schedule A classification). This evidence might include official academic records and letters from present or former employers.

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

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

– You must demonstrate that you have met any task requirements defined on the labor accreditation (or application for Schedule A designation). This evidence might consist of main scholastic records and letters from existing 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 need to show that you have satisfied any requirements defined on the labor accreditation.

Immigrant Petition Process

Third preference petitions are submitted using Form I-140, Immigrant Petition for Alien Workers. For information on required supporting paperwork and filing fees, see the Form I-140 website (which includes the Form I-140 guidelines and details about filing costs) and the Petition Filing and Processing Procedures for Form I-140, Immigrant Petition for Alien Workers website.