Employment-Based Immigration: Third Preference EB-3

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

– Skilled employees are persons who can carrying out proficient labor and whose job requires a minimum of 2 years training or experience, not of a short-term or seasonal nature. Skilled employees need to likewise fulfill any instructional, training, or experience requirements of the task opportunity. Relevant post-secondary education may be thought about as training.

– Professionals are who hold at least a U.S. bachelor’s or foreign equivalent degree and belong to the occupations. Their jobs require a minimum of a bachelor’s degree. Professionals should also meet any educational, training, or experience requirements of the job chance.

– Other workers (likewise called inexperienced employees) are persons efficient in carrying out common labor whose job requires less than 2 years training or experience, employment not of a momentary or seasonal nature. Other workers must likewise fulfill any academic, training, or experience requirements of the job chance.

Labor Certification

Third choice petitions are generally accompanied by an a signed Form ETA-9089, Application for Permanent Employment Certification, authorized by DOL, or, for labor accreditation applications submitted on or after June 1, 2023, using 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 details, employment see the Department of Labor’s Foreign Labor Certification web page.

Petitions for employment Schedule An occupations are not required to have a DOL-approved labor accreditation. This is because DOL has actually already determined there are not enough U.S. workers for those occupations. Currently, DOL has actually designated 2 groups of professions under Schedule A. Group I includes professional nurses and physical therapists. Group II includes beneficiaries with extraordinary ability in the sciences or arts (including institution of higher learning instructors) and immigrants of remarkable capability in the performing arts. A petition for Schedule A designation must be accompanied by a completed, 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. For more details on Schedule A requirements, see Volume 6, Part E, Chapter 7, of the USCIS Policy Manual.

– The labor accreditation (or application for Schedule A classification) should need at least 2 years of experience or training.

– You should demonstrate that you have actually satisfied any job requirements defined on the labor certification (or application for Schedule A designation). This proof may consist of official academic records and letters from existing or previous companies.

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

– The labor certification (or employment 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 normal requirement for entry into the profession.

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

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

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

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

Immigrant Petition Process

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