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Employment-Based Immigration: Third Preference EB-3

You might be qualified for this immigrant visa choice classification if you are a skilled employee, expert, or other employee.

— Skilled employees are individuals who are capable of carrying out proficient labor and whose task requires a minimum of 2 years training or experience, not of a short-lived or seasonal nature. Skilled workers should also satisfy any instructional, training, or experience requirements of the task chance. 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 comparable degree and are a member of the occupations. Their tasks require a minimum of a bachelor’s degree. Professionals must also meet any educational, training, or experience requirements of the job chance.

— Other workers (also called inexperienced employees) are persons efficient in carrying out inexperienced labor whose task 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 task opportunity.

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 filed on or after June 1, 2023, utilizing 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, see the Department of Labor’s Foreign Labor Certification website.

Petitions for Schedule An occupations are not needed to have a DOL-approved labor certification. This is due to the fact that DOL has actually already determined there are not enough U.S. workers for those professions. Currently, DOL has designated 2 groups of professions under Schedule A. Group I consists of expert nurses and physical therapists. Group II includes recipients with remarkable 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 classification should be accompanied by a completed, uncertified Form ETA-9089, consisting of all suitable appendices, a signed Final Determination, and a valid prevailing wage decision tracking number in Section E, Item 1 of the uncertified Form ETA-9089. For additional information on Schedule A requirements, employment see Volume 6, Part E, Chapter 7, of the USCIS Policy Manual.

— The labor certification (or application for employment Schedule A classification) must need a minimum of 2 years of experience or training.

— You must demonstrate that you have fulfilled any task requirements defined on the labor accreditation (or application for Schedule A designation). This proof might include main academic records and letters from current or employment former employers.

— Relevant post-secondary education may be considered as training.

— The labor certification (or application for Schedule A classification) must require a minimum of a U.S. bachelor’s or foreign equivalent degree, and a bachelor’s degree is the regular requirement for entry into the occupation.

— You need to demonstrate that you have actually satisfied any specified on the labor accreditation (or application for Schedule A designation). This evidence may include official scholastic records and letters from current or previous companies.

— Education and employment experience may not be replacemented for a bachelor’s degree.

— The labor certification must require less than 2 years training or experience.

— You must show that you have actually fulfilled any requirements defined on the labor accreditation.

Immigrant Petition Process

Third preference petitions are submitted utilizing Form I-140, Immigrant Petition for Alien Workers. For info on required supporting paperwork and filing charges, see the Form I-140 website (which consists of the Form I-140 guidelines and info about filing fees) and the Petition Filing and Processing Procedures for Form I-140, Immigrant Petition for Alien Workers website.