Employment-Based Immigration: Third Preference EB-3

You may be eligible for this immigrant visa choice category if you are a competent worker, expert, or other employee.

– Skilled workers are persons who can performing skilled labor and employment whose job needs a minimum of 2 years training or experience, not of a short-lived or seasonal nature. Skilled workers must likewise satisfy any academic, training, or employment experience requirements of the job opportunity. Relevant post-secondary education might be thought about as training.

– Professionals are individuals who hold a minimum of a U.S. bachelor’s or foreign equivalent degree and belong to the professions. Their jobs need a minimum of a bachelor’s degree. Professionals need to likewise meet any instructional, training, or experience requirements of the job opportunity.

– Other employees (also called inexperienced employees) are individuals efficient in carrying out unskilled work whose job needs less than 2 years training or experience, not of a short-lived or seasonal nature. Other workers must also satisfy any instructional, training, or experience requirements of the job chance.

Labor Certification

Third preference petitions are usually 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, 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 An occupations are not required to have a DOL-approved labor . This is because 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 physical therapists. Group II includes beneficiaries with extraordinary ability in the sciences or arts (including college and university instructors) and immigrants of extraordinary capability in the performing arts. A petition for Schedule A classification must be accompanied by a completed, uncertified Form ETA-9089, including all relevant appendices, employment a signed Final Determination, and employment a legitimate prevailing wage determination tracking number in Section E, Item 1 of the uncertified Form ETA-9089. For additional information on Schedule A requirements, see Volume 6, Part E, Chapter 7, of the USCIS Policy Manual.

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

– You should show that you have actually fulfilled any task requirements defined on the labor employment accreditation (or application for Schedule A classification). This evidence might include main scholastic records and letters from present or former employers.

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

– The labor certification (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 regular requirement for entry into the occupation.

– You should show that you have met any task requirements defined on the labor certification (or application for Schedule A classification). This evidence may consist of official scholastic records and letters from current or former employers.

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

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

– You must demonstrate that you have actually met any requirements specified on the labor accreditation.

Immigrant Petition Process

Third choice petitions are filed using Form I-140, Immigrant Petition for Alien Workers. For info on required supporting paperwork and filing fees, see the Form I-140 webpage (that includes the Form I-140 instructions and information about filing fees) and the Petition Filing and Processing Procedures for Form I-140, Immigrant Petition for employment Alien Workers web page.