Employment-Based Immigration: Third Preference EB-3

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

– Skilled employees are persons who are capable of performing competent labor and whose task needs at least 2 years training or experience, not of a momentary or seasonal nature. Skilled employees should likewise satisfy any educational, job training, or experience requirements of the task chance. Relevant post-secondary education might be considered as training.

– Professionals are individuals who hold a minimum of a U.S. bachelor’s or foreign comparable degree and belong to the occupations. Their tasks require a minimum of a bachelor’s degree. Professionals must likewise satisfy any instructional, training, or experience requirements of the task opportunity.

– Other workers (also called inexperienced workers) are persons capable of performing unskilled work whose job needs less than 2 years training or experience, not of a short-lived or seasonal nature. Other workers should likewise meet any instructional, 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, approved by DOL, or, for labor certification applications filed on or after June 1, 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). For more information, see the Department of Labor’s Foreign Labor job Certification website.

Petitions for Schedule A professions are not needed to have a DOL-approved labor certification. This is due to the fact that DOL has currently identified there are not enough U.S. workers for those professions. Currently, DOL has actually designated 2 groups of occupations under Schedule A. Group I includes expert nurses and physical therapists. Group II includes recipients with exceptional ability in the sciences or arts (consisting of institution of higher learning instructors) and immigrants of exceptional ability in the performing arts. A petition for Schedule A designation needs to be accompanied by a completed, uncertified Form ETA-9089, including all applicable appendices, a signed Final Determination, and a valid prevailing wage decision 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, job Chapter 7, of the USCIS Policy Manual.

– The labor certification (or application for Schedule A designation) should require a minimum of 2 years of experience or training.

– You should demonstrate that you have actually fulfilled any job requirements defined on the labor accreditation (or application for Schedule A designation). This evidence might include main scholastic records and letters from current or previous employers.

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

– The labor accreditation (or job application for Schedule A classification) should need at least a U.S. bachelor’s or foreign comparable degree, and a bachelor’s degree is the typical requirement for job entry into the profession.

– You need to demonstrate that you have actually met any task requirements defined on the labor certification (or application for Schedule A classification). This proof may consist of main scholastic records and letters from present or previous employers.

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

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

– You need to demonstrate that you have actually fulfilled any requirements defined on the labor accreditation.

Immigrant Petition Process

Third preference petitions are submitted using Form I-140, job Immigrant Petition for Alien Workers. For info on required supporting paperwork and filing costs, see the Form I-140 website (that includes the Form I-140 instructions and info about filing costs) and the Petition Filing and Processing Procedures for Form I-140, Immigrant Petition for Alien Workers webpage.