Employment-Based Immigration: Third Preference EB-3

You may be eligible for this immigrant visa preference category if you are a skilled employee, professional, or other employee.

– Skilled workers are persons who can carrying out competent labor and whose job requires at least 2 years training or experience, not of a short-term or seasonal nature. Skilled employees should likewise meet any academic, training, or experience requirements of the job opportunity. Relevant post-secondary education may be thought about as training.

– Professionals are individuals who hold a minimum of a U.S. bachelor’s or foreign equivalent degree and are a member of the occupations. Their jobs require a minimum of a bachelor’s degree. Professionals must likewise fulfill any instructional, training, or experience requirements of the job chance.

– Other employees (likewise called unskilled workers) are persons capable of carrying out inexperienced labor whose job needs less than 2 years training or experience, not of a short-term or seasonal nature. Other workers must likewise satisfy any academic, training, or experience requirements of the task chance.

Labor Certification

Third preference petitions are generally accompanied by an a signed Form ETA-9089, Application for Permanent Employment Certification, authorized by DOL, or, for labor certification 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 website.

Petitions for Schedule A professions are not required to have a DOL-approved labor certification. This is since DOL has currently figured out there are not enough U.S. workers for those occupations. Currently, DOL has designated 2 groups of professions under Schedule A. Group I includes professional nurses and physiotherapists. Group II of recipients with exceptional ability in the sciences or arts (including college and university instructors) and job immigrants of remarkable ability in the performing arts. A petition for Schedule A classification needs to be accompanied by a finished, uncertified Form ETA-9089, job consisting of all relevant appendices, a signed Final Determination, and a legitimate prevailing wage decision 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 job Schedule A designation) must require at least 2 years of experience or training.

– You must show that you have fulfilled any task requirements defined on the labor accreditation (or application for Schedule A classification). This proof may consist of main academic records and letters from existing or previous employers.

– Relevant post-secondary education may be considered as training.

– The labor accreditation (or application for Schedule A designation) must require at least a U.S. bachelor’s or foreign comparable degree, and a bachelor’s degree is the typical requirement for entry into the occupation.

– You must demonstrate that you have satisfied any task requirements defined on the labor certification (or job application for Schedule A classification). This evidence might include official scholastic records and letters from present or previous employers.

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

– The labor certification need to need less than 2 years training or experience.

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

Immigrant Petition Process

Third choice petitions are filed utilizing Form I-140, Immigrant Petition for Alien Workers. For information on needed supporting paperwork and filing costs, see the Form I-140 web page (that includes the Form I-140 instructions and details about filing fees) and the Petition Filing and Processing Procedures for Form I-140, job Immigrant Petition for Alien Workers web page.