Employment-Based Immigration: Third Preference EB-3

You may be qualified for this immigrant visa preference classification if you are a proficient worker, professional, or other employee.

– Skilled employees are individuals who can carrying out proficient labor and employment whose job needs a minimum of 2 years training or experience, not of a short-lived or seasonal nature. Skilled employees must likewise satisfy any academic, training, or experience requirements of the job opportunity. Relevant post-secondary education might be considered as training.

– Professionals are persons who hold a minimum of a U.S. bachelor’s or foreign equivalent degree and belong to the occupations. Their tasks require a minimum of a bachelor’s degree. Professionals should also fulfill any academic, training, or experience requirements of the task chance.

– Other workers (likewise called unskilled employees) are individuals capable of carrying out unskilled labor employment whose task requires less than 2 years training or experience, not of a short-term or seasonal nature. Other workers need to also fulfill any instructional, training, or employment 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, approved by DOL, or, for labor certification applications filed on or after June 1, 2023, utilizing DOL’s Foreign Labor Application Gateway (FLAG) system, an authorized and signed Form ETA-9089, employment Final Determination – Permanent Employment Certification Approval (Final Certification). For more details, see the Department of Labor’s Foreign Labor Certification webpage.

Petitions for Schedule An occupations are not needed to have a DOL-approved labor certification. This is due to the fact that DOL has already determined there are not enough U.S. workers for those occupations. Currently, DOL has designated 2 groups of occupations under Schedule A. Group I includes professional nurses and physiotherapists. Group II consists of beneficiaries with exceptional ability in the sciences or arts (including institution of higher learning teachers) and immigrants of exceptional ability in the carrying out arts. A petition for Schedule A classification needs to be accompanied by a finished, uncertified Form ETA-9089, consisting of all appropriate 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 more details on Schedule A requirements, see Volume 6, Part E, Chapter 7, of the USCIS Policy Manual.

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

– You need to demonstrate that you have fulfilled any task requirements defined on the labor accreditation (or application for Schedule A designation). This evidence might consist of official scholastic records and letters from existing or employment previous employers.

– Relevant post-secondary education might be considered as .

– The labor certification (or application for Schedule A designation) should require a minimum of a U.S. bachelor’s or employment foreign comparable degree, and a bachelor’s degree is the normal requirement for entry into the profession.

– You need to demonstrate that you have actually satisfied any task requirements specified on the labor certification (or application for Schedule A designation). This evidence may consist of main scholastic records and letters from existing or previous employers.

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

– The labor accreditation should need less than 2 years training or experience.

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

Immigrant Petition Process

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