Employment-Based Immigration: Third Preference EB-3

You may be qualified for this immigrant visa preference category if you are a knowledgeable worker, professional, or other worker.

– Skilled employees are persons who are capable of carrying out skilled labor and whose job needs at least 2 years training or experience, not of a momentary or employment seasonal nature. Skilled employees should also meet any educational, training, or experience requirements of the job chance. Relevant post-secondary education might be considered as training.

– Professionals are persons who hold a minimum of a U.S. bachelor’s or foreign equivalent degree and belong to the occupations. Their tasks require a minimum of a bachelor’s degree. Professionals must likewise satisfy any instructional, training, or experience requirements of the job chance.

– Other employees (also called inexperienced employees) are persons efficient in carrying out common labor whose task requires less than 2 years training or experience, not of a short-lived or seasonal nature. Other employees should also meet any educational, training, or experience requirements of the job opportunity.

Labor Certification

Third choice petitions are generally 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, utilizing DOL’s Foreign Labor Application Gateway (FLAG) system, an approved and signed Form ETA-9089, Final Determination – Permanent Employment Certification Approval (Final Certification). For more info, see the Department of Labor’s Foreign Labor Certification webpage.

Petitions for Schedule A professions are not needed to have a DOL-approved labor certification. This is due to the fact that DOL has actually already determined there are not adequate U.S. employees for those professions. Currently, DOL has actually designated 2 groups of professions under Schedule A. Group I consists of professional nurses and employment physical therapists. Group II includes beneficiaries with remarkable ability in the sciences or arts (including institution of higher learning instructors) and immigrants of remarkable ability in the performing arts. A petition for Schedule A classification should be accompanied by a completed, uncertified Form ETA-9089, including all relevant appendices, a signed Final Determination, and a legitimate prevailing wage decision tracking number in Section E, Item 1 of the uncertified Form ETA-9089. For more info 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) should need at least 2 years of experience or training.

– You should demonstrate that you have fulfilled any job requirements defined on the labor accreditation (or for Schedule A designation). This evidence might include main academic records and letters from current or former companies.

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

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

– You must show that you have actually satisfied any job requirements defined on the labor accreditation (or application for Schedule A classification). This proof may consist of main academic records and letters from current or previous companies.

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

– The labor accreditation need to need less than 2 years training or experience.

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

Immigrant Petition Process

Third choice petitions are filed utilizing Form I-140, Immigrant Petition for Alien Workers. For information on required supporting paperwork and filing costs, see the Form I-140 web page (which consists of the Form I-140 instructions and info about filing costs) and the Petition Filing and Processing Procedures for Form I-140, Immigrant Petition for Alien Workers web page.