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Employment-Based Immigration: Third Preference EB-3
You may be qualified for this immigrant visa choice classification if you are a proficient worker, expert, or other worker.
— Skilled employees are individuals who are capable of carrying out skilled labor and whose task needs a minimum of 2 years training or experience, not of a short-term or seasonal nature. Skilled employees should likewise fulfill any academic, training, or experience requirements of the job opportunity. Relevant post-secondary education may be considered as training.
— Professionals are individuals who hold at least a U.S. bachelor’s or degree and are a member of the occupations. Their jobs need a minimum of a bachelor’s degree. Professionals need to also meet any academic, training, or experience requirements of the task chance.
— Other workers (likewise called inexperienced workers) are individuals capable of carrying out inexperienced labor whose job requires less than 2 years training or experience, not of a temporary or seasonal nature. Other employees should likewise satisfy any educational, training, or experience requirements of the task 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, 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 employment additional information, employment see the Department of Labor’s Foreign Labor Certification web page.
Petitions for Schedule A professions are not required to have a DOL-approved labor accreditation. This is because DOL has actually already figured out there are not adequate U.S. employees for those occupations. Currently, DOL has designated 2 groups of professions under Schedule A. Group I includes expert nurses and physiotherapists. Group II includes recipients with extraordinary capability in the sciences or arts (including institution of higher learning instructors) and immigrants of extraordinary capability in the performing arts. A petition for Schedule A designation needs to be accompanied by a completed, uncertified Form ETA-9089, consisting of all appropriate appendices, a signed Final Determination, and a legitimate dominating wage decision tracking number in Section E, employment Item 1 of the uncertified Form ETA-9089. For additional information 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) should require a minimum of 2 years of experience or training.
— You need to 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 present or former companies.
— Relevant post-secondary education might be considered as training.
— The labor accreditation (or employment application for Schedule A designation) must need at least a U.S. bachelor’s or foreign equivalent degree, and employment a bachelor’s degree is the regular requirement for entry into the occupation.
— You need to demonstrate that you have met any job requirements specified on the labor certification (or application for Schedule A classification). This proof may consist of official academic records and letters from current or previous companies.
— Education and experience might not be replaced for a bachelor’s degree.
— The labor accreditation need to require less than 2 years training or experience.
— You need to demonstrate that you have actually fulfilled any requirements specified on the labor certification.
Immigrant Petition Process
Third preference petitions are filed using Form I-140, Immigrant Petition for Alien Workers. For information on required supporting documentation and filing costs, see the Form I-140 website (which includes the Form I-140 instructions and details about filing fees) and employment the Petition Filing and Processing Procedures for Form I-140, Immigrant Petition for employment Alien Workers website.