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Employment-Based Immigration: Third Preference EB-3
You may be qualified for this immigrant visa choice category if you are a skilled employee, expert, or other worker.
– Skilled workers are persons who can performing competent labor and whose task needs a minimum of 2 years training or experience, not of a short-lived or seasonal nature. Skilled workers should likewise satisfy any instructional, training, or experience requirements of the task opportunity. Relevant post-secondary education might be considered as training.
– Professionals are individuals who hold a minimum of 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 need to also satisfy any academic, training, or experience requirements of the job chance.
– Other workers (likewise called inexperienced workers) are individuals efficient in carrying out unskilled work whose task requires less than 2 years training or experience, not of a short-term or seasonal nature. Other workers must also fulfill any academic, training, or experience requirements of the task opportunity.
Labor Certification
Third preference 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, utilizing DOL’s Foreign Labor Application Gateway (FLAG) system, an authorized and signed Form ETA-9089, employment Final Determination – Permanent Employment Certification Approval (Final Certification). For more info, employment see the Department of Labor’s Foreign Labor Certification webpage.
Petitions for Schedule An occupations are not needed to have a DOL-approved labor employment certification. This is because DOL has actually currently identified there are not enough U.S. workers for employment those professions.
Currently, DOL has actually designated 2 groups of professions under Schedule A. Group I includes professional nurses and employment physical therapists. Group II includes beneficiaries with extraordinary ability in the sciences or arts (including institution of higher learning teachers) and immigrants of exceptional ability in the performing arts. A petition for A classification must be accompanied by a completed, uncertified Form ETA-9089, consisting of all suitable appendices, a signed Final Determination, and a valid dominating wage determination tracking number in Section E, Item 1 of the uncertified Form ETA-9089.
For more details on Schedule A requirements, see Volume 6, Part E, Chapter 7, of the USCIS Policy Manual.
– The labor certification (or application for Schedule A classification) needs to need a minimum of 2 years of experience or training.
– You should demonstrate that you have satisfied any job requirements defined on the labor accreditation (or application for Schedule A classification). This evidence might consist of official scholastic records and letters from current or former companies.
– Relevant post-secondary education might be considered as training.
– The labor certification (or application for Schedule A designation) must need at least a U.S. bachelor’s or foreign comparable degree, and a bachelor’s degree is the normal requirement for entry into the occupation.
– You need to demonstrate that you have met any job requirements specified on the labor certification (or application for Schedule A designation). This evidence may include official academic records and letters from present or former companies.
– Education and experience might not be replaced for a bachelor’s degree.
– The labor certification must need less than 2 years training or experience.
– You must demonstrate that you have actually satisfied any requirements defined on the labor accreditation.
Immigrant Petition Process
Third preference petitions are filed using Form I-140, Immigrant Petition for Alien Workers. For info on required supporting paperwork and filing costs, see the Form I-140 webpage (which consists of the Form I-140 guidelines and details about filing charges) and the Petition Filing and Processing Procedures for Form I-140, Immigrant Petition for Alien Workers web page.