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Employment-Based Immigration: Third Preference EB-3

You might be eligible for this immigrant visa choice classification if you are a knowledgeable worker, expert, or other worker.

— Skilled workers are individuals who are capable of carrying out proficient labor and whose task needs a minimum of 2 years training or experience, not of a short-term or seasonal nature. Skilled workers should likewise satisfy any educational, training, or experience requirements of the job chance. Relevant post-secondary education might be considered as training.

— Professionals are individuals who hold at least 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 need to also satisfy any educational, employment training, or experience requirements of the task chance.

— Other employees (also called unskilled employees) are individuals capable of performing inexperienced labor whose task needs less than 2 years training or experience, not of a short-lived or seasonal nature. Other workers must likewise satisfy any instructional, training, or experience requirements of the task opportunity.

Labor Certification

Third choice petitions are normally accompanied by an a signed Form ETA-9089, Application for Permanent Employment Certification, by DOL, or, for employment labor accreditation 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 additional information, see the Department of Labor’s Foreign Labor Certification webpage.

Petitions for Schedule A professions are not needed to have a DOL-approved labor certification. This is because DOL has actually currently determined there are not sufficient U.S. workers for those professions. Currently, DOL has designated 2 groups of occupations under Schedule A. Group I consists of professional nurses and physiotherapists. Group II includes recipients with extraordinary ability in the sciences or arts (including institution of higher learning teachers) and immigrants of exceptional capability in the performing arts. A petition for Schedule A designation should be accompanied by a completed, uncertified Form ETA-9089, consisting of 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 learn more on Schedule A requirements, see Volume 6, Part E, Chapter 7, employment of the USCIS Policy Manual.

— The labor certification (or application for Schedule A designation) needs to need at least 2 years of experience or training.

— You need to show that you have fulfilled any task requirements defined on the labor accreditation (or application for Schedule A classification). This evidence might include official academic records and letters from present or former companies.

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

— The labor certification (or application for Schedule A classification) must 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 should show that you have met any task requirements specified on the labor certification (or application for Schedule A designation). This evidence may consist of official scholastic records and letters from existing or former companies.

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

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

— You must demonstrate that you have actually fulfilled any requirements defined on the labor certification.

Immigrant Petition Process

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