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Employment-Based Immigration: Third Preference EB-3

You might be qualified for this immigrant visa preference category if you are a knowledgeable employee, expert, or other employee.

– Skilled workers are persons who are capable of performing experienced labor and whose task requires a minimum of 2 years training or experience, not of a temporary or seasonal nature. Skilled workers should 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 at least a U.S. bachelor’s or foreign comparable degree and are a member of the occupations. Their tasks require a minimum of a bachelor’s degree. Professionals must also meet any educational, training, or experience requirements of the task opportunity.

– Other workers (likewise called inexperienced employees) are persons capable of performing inexperienced labor whose task needs less than 2 years training or experience, not of a temporary or seasonal nature. Other employees need to likewise meet any instructional, training, or experience requirements of the job opportunity.

Labor Certification

Third choice petitions are generally accompanied by an a signed Form ETA-9089, Application for Permanent Employment Certification, approved 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). To find out more, see the Department of Labor’s Foreign Labor Certification website.

Petitions for Schedule A professions are not required to have a DOL-approved labor accreditation. This is due to the fact that DOL has actually already identified there are not adequate U.S. employees for those occupations. Currently, employment DOL has designated 2 groups of professions under Schedule A. Group I includes expert nurses and physiotherapists. Group II consists of recipients with exceptional capability in the sciences or arts (consisting of institution of higher learning instructors) and immigrants of remarkable ability in the performing arts. A petition for Schedule A classification should be accompanied by a finished, uncertified Form ETA-9089, consisting of all appropriate appendices, a signed Final Determination, and a legitimate dominating 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 require at least 2 years of experience or training.

– You should show that you have any task requirements specified on the labor certification (or application for Schedule A classification). This evidence may include main scholastic records and employment letters from present or former employers.

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

– The labor accreditation (or application for Schedule A classification) should need at least a U.S. bachelor’s or foreign comparable degree, and a bachelor’s degree is the regular requirement for entry into the occupation.

– You should demonstrate that you have fulfilled any task requirements defined on the labor accreditation (or application for Schedule A classification). This proof may include official scholastic records and letters from existing or former companies.

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

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

– You must show that you have actually satisfied any requirements defined on the labor certification.

Immigrant Petition Process

Third choice petitions are submitted using Form I-140, Immigrant Petition for Alien Workers. For information on needed supporting documentation and filing costs, see the Form I-140 website (which includes the Form I-140 directions and details about filing charges) and the Petition Filing and employment Processing Procedures for Form I-140, Immigrant Petition for Alien Workers web page.