Employment-Based Immigration: Third Preference EB-3

You might be eligible for this immigrant visa choice category if you are a skilled employee, professional, or other employee.

– Skilled employees are persons who can performing knowledgeable labor and whose task needs at least 2 years training or experience, not of a short-lived or seasonal nature. Skilled employees should also fulfill any instructional, training, or experience requirements of the task opportunity. Relevant post-secondary education may be thought about as training.

– Professionals are persons who hold a minimum of a U.S. bachelor’s or foreign equivalent degree and belong to the professions. Their tasks need a minimum of a bachelor’s degree. Professionals need to also meet any academic, training, or experience requirements of the task chance.

– Other employees (likewise called inexperienced workers) are individuals efficient in performing unskilled work whose job requires less than 2 years training or experience, not of a temporary or seasonal nature. Other employees should likewise meet any academic, 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, authorized by DOL, or, for labor certification applications submitted on or after June 1, employment 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). To learn more, see the Department of Labor’s Foreign Labor Certification web page.

Petitions for employment Schedule A professions are not required to have a DOL-approved labor accreditation. This is due to the fact that DOL has actually currently determined there are not adequate U.S. employees for those professions. Currently, DOL has actually designated 2 groups of occupations under Schedule A. Group I consists of professional nurses and physical therapists. Group II consists of beneficiaries with remarkable ability in the sciences or arts (including college and university teachers) and immigrants of remarkable ability in the carrying out arts. A petition for employment Schedule A designation should be accompanied by a completed, uncertified Form ETA-9089, consisting of all suitable 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 details on 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 a minimum of 2 years of experience or training.

– You must show that you have met any job requirements specified on the labor accreditation (or application for Schedule A designation). This evidence might include main scholastic records and letters from existing or former companies.

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

– The labor certification (or application for Schedule A classification) must need a minimum of a U.S. bachelor’s or employment foreign comparable degree, and a bachelor’s degree is the normal requirement for entry into the occupation.

– You must show that you have actually satisfied any job requirements specified on the labor certification (or application for Schedule A classification). This evidence might consist of main scholastic records and letters from current or previous companies.

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

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

– You need to show that you have actually met any requirements specified on the labor certification.

Immigrant Petition Process

Third choice petitions are submitted using Form I-140, employment Immigrant Petition for Alien Workers. For information on required supporting documentation and filing charges, see the Form I-140 webpage (which consists of the Form I-140 guidelines and info about filing charges) and the Petition Filing and Processing Procedures for Form I-140, Immigrant Petition for Alien Workers web page.