Employment-Based Immigration: Third Preference EB-3

You might be eligible for this immigrant visa preference category if you are an experienced worker, expert, or other worker.

– Skilled workers are persons who are capable of performing competent labor and whose job requires a minimum of 2 years training or experience, not of a short-term or . Skilled workers need to likewise satisfy any educational, training, or experience requirements of the job opportunity. Relevant post-secondary education may be considered as training.

– Professionals are persons who hold at least a U.S. bachelor’s or foreign comparable degree and are a member of the occupations. Their tasks need a minimum of a bachelor’s degree. Professionals need to likewise meet any instructional, training, or experience requirements of the task opportunity.

– Other employees (likewise called unskilled employees) are persons efficient in performing inexperienced labor whose job requires less than 2 years training or experience, not of a momentary or seasonal nature. Other employees must also fulfill any educational, training, employment or experience requirements of the task chance.

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 certification applications submitted on or after June 1, 2023, using 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 web page.

Petitions for Schedule A professions are not needed to have a DOL-approved labor accreditation. This is because DOL has actually currently figured out there are not sufficient U.S. employees for those professions. Currently, DOL has actually designated 2 groups of professions under Schedule A. Group I consists of expert nurses and physical therapists. Group II consists of beneficiaries with extraordinary capability in the sciences or arts (including institution of higher learning instructors) and employment immigrants of remarkable capability in the performing arts. A petition for Schedule A classification should be accompanied by a finished, uncertified Form ETA-9089, consisting of all applicable appendices, a signed Final Determination, and a valid prevailing wage determination 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, Chapter 7, of the USCIS Policy Manual.

– The labor accreditation (or application for Schedule A designation) must need a minimum of 2 years of experience or training.

– You need to show that you have fulfilled any job requirements defined on the labor accreditation (or application for Schedule A classification). This evidence may include official academic records and letters from current or previous companies.

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

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

– You need to demonstrate that you have actually fulfilled any task requirements defined on the labor certification (or application for Schedule A classification). This proof might include official scholastic records and letters from existing or previous employers.

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

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

– You should show that you have actually met any requirements specified on the labor accreditation.

Immigrant Petition Process

Third preference petitions are filed using Form I-140, employment Immigrant Petition for Alien Workers. For information on needed supporting paperwork and filing charges, see the Form I-140 webpage (which includes the Form I-140 instructions and details about filing fees) and the Petition Filing and Processing Procedures for Form I-140, Immigrant Petition for Alien Workers web page.