Employment-Based Immigration: Third Preference EB-3

You might be eligible for this immigrant visa preference category if you are a skilled employee, expert, or other worker.

– Skilled employees are individuals who are capable of carrying out skilled labor and whose task needs a minimum of 2 years training or experience, not of a short-term or seasonal nature. Skilled workers should also meet any academic, training, or experience requirements of the job opportunity. Relevant post-secondary education might be thought about as training.

– Professionals are individuals who hold at least a U.S. bachelor’s or job foreign comparable degree and belong to the occupations. Their tasks need a minimum of a bachelor’s degree. Professionals should likewise satisfy any instructional, training, or experience requirements of the job chance.

– Other employees (likewise called unskilled workers) are persons capable of carrying out unskilled work whose task requires less than 2 years training or experience, not of a momentary or seasonal nature. Other employees should likewise fulfill any instructional, training, or experience requirements of the task chance.

Labor Certification

Third choice petitions are usually 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, Final Determination – Permanent Employment Certification Approval (Final Certification). To learn 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 certification. This is because DOL has currently figured out there are not sufficient U.S. employees for those occupations. Currently, job DOL has designated 2 groups of occupations under Schedule A. Group I includes expert nurses and physiotherapists. Group II includes beneficiaries with remarkable ability in the sciences or arts (consisting of college and university teachers) and immigrants of extraordinary capability in the performing arts. A petition for Schedule A designation should be accompanied by a finished, uncertified Form ETA-9089, including all appropriate 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) should require a minimum of 2 years of experience or training.

– You need to show that you have fulfilled any job requirements specified on the labor job certification (or application for Schedule A classification). This proof may consist of official academic records and letters from current or former employers.

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

– The labor accreditation (or application for Schedule A designation) needs to need a minimum of a U.S. bachelor’s or foreign equivalent degree, and a bachelor’s degree is the regular requirement for entry into the occupation.

– You should show that you have actually satisfied any job requirements defined on the labor accreditation (or application for Schedule A designation). This evidence may include official academic records and letters from present or previous companies.

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

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

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

Immigrant Petition Process

Third preference petitions are submitted using Form I-140, Immigrant Petition for Alien Workers. For job information on needed and filing fees, see the Form I-140 web page (that includes the Form I-140 directions and info about filing fees) and the Petition Filing and Processing Procedures for Form I-140, Immigrant Petition for Alien Workers webpage.