Employment-Based Immigration: Third Preference EB-3

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

– Skilled employees are individuals who can performing experienced labor and whose task needs at least 2 years training or experience, not of a momentary or seasonal nature. Skilled workers should likewise fulfill any instructional, training, or experience requirements of the job chance. Relevant post-secondary education may be considered as training.

– Professionals are individuals who hold at least a U.S. bachelor’s or foreign comparable degree and belong to the occupations. Their jobs require a minimum of a bachelor’s degree. Professionals should also satisfy any academic, training, or experience requirements of the task opportunity.

– Other workers (also called inexperienced employees) are individuals capable of performing common labor whose job 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 job chance.

Labor Certification

Third choice 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, using DOL’s Foreign Labor Application Gateway (FLAG) system, an authorized and signed Form ETA-9089, Final Determination – Permanent Employment Certification Approval (Final Certification). To learn more, see the Department of Labor’s Foreign Labor Certification web page.

Petitions for Schedule An occupations are not required to have a DOL-approved labor certification. This is due to the fact that DOL has actually currently identified there are not enough U.S. workers for those professions. Currently, DOL has actually designated 2 groups of professions under Schedule A. Group I includes professional nurses and physiotherapists. Group II includes recipients with remarkable ability in the sciences or arts (including institution of higher learning instructors) and immigrants of exceptional ability in the performing arts. A petition for Schedule A designation needs to be accompanied by a finished, uncertified Form ETA-9089, consisting of all suitable appendices, a signed Final Determination, and employment 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, of the USCIS Policy Manual.

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

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

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

– The labor accreditation (or application for Schedule A classification) needs to require at least a U.S. bachelor’s or 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 met any job requirements specified on the labor accreditation (or application for Schedule A designation). This proof may include official academic records and letters from existing or former employers.

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

– The labor employment certification should require less than 2 years training or experience.

– You should demonstrate that you have actually fulfilled any requirements specified on the labor certification.

Immigrant Petition Process

Third choice petitions are submitted using Form I-140, Immigrant Petition for Alien Workers. For info on required supporting documents and filing costs, see the Form I-140 webpage (that includes the Form I-140 guidelines and info about filing charges) and the Petition Filing and Processing Procedures for Form I-140, Immigrant Petition for Alien Workers web page.