Employment-Based Immigration: Third Preference EB-3

You may be qualified for this immigrant visa choice classification if you are an experienced employee, expert, or other employee.

– Skilled employees are who are capable of performing experienced labor and whose task needs a minimum of 2 years training or experience, not of a short-term or seasonal nature. Skilled employees must likewise fulfill any instructional, training, or experience requirements of the task opportunity. Relevant post-secondary education may be considered as training.

– Professionals are persons who hold at least a U.S. bachelor’s or foreign comparable degree and are a member of the professions. Their jobs need a minimum of a bachelor’s degree. Professionals must likewise fulfill any educational, training, or experience requirements of the job opportunity.

– Other employees (likewise called unskilled workers) are individuals capable of performing unskilled labor whose job requires less than 2 years training or experience, not of a short-lived or seasonal nature. Other employees must likewise fulfill any academic, training, or experience requirements of the task opportunity.

Labor Certification

Third choice petitions are typically accompanied by an a signed Form ETA-9089, Application for Permanent Employment Certification, authorized by DOL, or, for labor employment certification 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 details, see the Department of Labor’s Foreign Labor Certification website.

Petitions for Schedule A professions are not needed to have a DOL-approved labor accreditation. This is because DOL has actually already identified there are not enough U.S. employees for those occupations. Currently, DOL has actually designated 2 groups of occupations under Schedule A. Group I includes professional nurses and physical therapists. Group II consists of beneficiaries with exceptional capability in the sciences or arts (consisting of college and university instructors) and immigrants of exceptional capability in the performing arts. A petition for Schedule A designation must be accompanied by a finished, 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 designation) needs to need at least 2 years of experience or training.

– You should demonstrate that you have fulfilled any job requirements specified on the labor accreditation (or application for Schedule A classification). This evidence may include main academic records and letters from present or previous companies.

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

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

– You need to show that you have actually satisfied any job requirements defined on the labor accreditation (or application for Schedule A designation). This proof might include official scholastic records and employment letters from current or previous employers.

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

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

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

Immigrant Petition Process

Third preference petitions are filed using Form I-140, Immigrant Petition for Alien Workers. For info on needed supporting paperwork and filing charges, see the Form I-140 website (which includes the Form I-140 directions and details about filing charges) and the Petition Filing and Processing Procedures for Form I-140, Immigrant Petition for employment Alien Workers webpage.