Employment-Based Immigration: Third Preference EB-3

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

– Skilled workers are persons who are capable of carrying out skilled labor and whose task needs at least 2 years training or experience, not of a short-term or seasonal nature. Skilled employees must also fulfill any academic, training, or experience requirements of the job chance. Relevant post-secondary education might be thought about as training.

– Professionals are persons who hold a minimum of a U.S. bachelor’s or foreign equivalent degree and are a member of the professions. Their jobs require a minimum of a bachelor’s degree. Professionals should also satisfy any educational, training, or experience requirements of the task chance.

– Other employees (also called unskilled workers) are persons capable of carrying out common labor whose task needs less than 2 years training or experience, not of a short-term or seasonal nature. Other employees need to also fulfill any educational, training, or experience requirements of the job chance.

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, 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 web page.

Petitions for Schedule An occupations are not required to have a DOL-approved labor certification. This is since DOL has actually currently identified there are not .S. employees for those occupations. Currently, DOL has designated 2 groups of professions under Schedule A. Group I consists of expert nurses and physical therapists. Group II includes beneficiaries with remarkable capability in the sciences or arts (consisting of college and university teachers) and immigrants of extraordinary capability in the carrying out arts. A petition for Schedule A designation should 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. To find out more 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) needs to require at least 2 years of experience or training.

– You need to show that you have satisfied any task requirements specified on the labor employment accreditation (or application for Schedule A designation). This proof may consist of official academic 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 designation) should need at least a U.S. bachelor’s or foreign comparable degree, and a bachelor’s degree is the normal requirement for entry into the occupation.

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

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

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

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

Immigrant Petition Process

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