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Employment-Based Immigration: Third Preference EB-3

You might be qualified for this immigrant visa choice category if you are an experienced worker, professional, or other employee.

– Skilled workers are individuals who are capable of performing experienced labor and whose job needs a minimum of 2 years training or experience, not of a temporary or seasonal nature. Skilled workers need to also fulfill any instructional, training, or experience requirements of the job opportunity. Relevant post-secondary education may be considered as training.

– Professionals are individuals who hold a minimum of a U.S. bachelor’s or foreign comparable degree and employment belong to the occupations. Their jobs need a minimum of a bachelor’s degree. Professionals should likewise satisfy any academic, training, or experience requirements of the task chance.

– Other employees (likewise called inexperienced employees) are persons capable of performing inexperienced labor whose job needs less than 2 years training or employment experience, not of a short-lived or seasonal nature. Other employees must also meet any instructional, 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, 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 approved and signed Form ETA-9089, employment Final Determination – Permanent Employment Certification Approval (Final Certification). To find out more, see the Department of Labor’s Foreign Labor Certification webpage.

Petitions for Schedule A professions are not required to have a DOL-approved labor accreditation. This is due to the fact that DOL has currently determined there are not enough U.S. employees for those professions. Currently, DOL has designated 2 groups of professions under Schedule A. Group I consists of expert nurses and physical therapists. Group II includes beneficiaries with exceptional capability in the sciences or arts (including college and university teachers) and immigrants of exceptional capability in the performing arts. A petition for Schedule A designation needs to be accompanied by a finished, uncertified Form ETA-9089, including all suitable appendices, a signed Final Determination, and a legitimate dominating wage determination 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, employment Chapter 7, of the USCIS Policy Manual.

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

– You need to show that you have fulfilled any task requirements specified on the labor certification (or application for Schedule A designation). This evidence might include official academic records and letters from present or previous companies.

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

– The labor certification (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 typical requirement for entry into the profession.

– You should demonstrate that you have met any specified on the labor certification (or application for Schedule A designation). This proof might include official scholastic records and letters from present or former employers.

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

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

– You need to demonstrate that you have fulfilled any requirements defined on the labor certification.

Immigrant Petition Process

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