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Employment-Based Immigration: Third Preference EB-3

You might be eligible for this immigrant visa preference classification if you are a proficient worker, expert, or other worker.

– Skilled workers are individuals who are capable of carrying out proficient labor and whose job needs at least 2 years training or experience, not of a short-lived or seasonal nature. Skilled employees should likewise satisfy any academic, training, or experience requirements of the job opportunity. Relevant post-secondary education might be thought about as training.

– Professionals are persons who hold at least a U.S. bachelor’s or foreign comparable degree and are a member of the professions. Their jobs require a minimum of a bachelor’s degree. must likewise meet any academic, training, or experience requirements of the job chance.

– Other employees (also called unskilled employees) are individuals efficient in performing unskilled labor whose task requires less than 2 years training or experience, not of a temporary or seasonal nature. Other workers need to also satisfy any instructional, training, or experience requirements of the job opportunity.

Labor Certification

Third preference petitions are typically accompanied by an a signed Form ETA-9089, Application for Permanent Employment Certification, authorized by DOL, or, for labor certification applications submitted on or after June 1, 2023, using 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 webpage.

Petitions for Schedule A professions are not needed to have a DOL-approved labor certification. This is because DOL has actually already identified there are not adequate U.S. employees for those occupations. Currently, DOL has actually designated 2 groups of professions under Schedule A. Group I consists of expert nurses and physical therapists. Group II consists of beneficiaries with remarkable capability in the sciences or arts (consisting of institution of higher learning teachers) 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 suitable appendices, a signed Final Determination, and a legitimate 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 certification (or application for Schedule A designation) needs to need a minimum of 2 years of experience or training.

– You must demonstrate that you have met any job requirements specified on the labor certification (or application for Schedule A classification). This evidence might include main academic records and letters from present or former companies.

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

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

– You must demonstrate that you have met any job requirements specified on the labor certification (or application for Schedule A designation). This proof may include main scholastic records and letters from existing or previous employers.

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

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

– You need to show that you have met any requirements specified on the labor accreditation.

Immigrant Petition Process

Third preference petitions are submitted using Form I-140, Immigrant Petition for Alien Workers. For info on required supporting documentation and referall.us filing fees, see the Form I-140 web page (which consists of the Form I-140 directions and information about filing costs) and the Petition Filing and Processing Procedures for Form I-140, Immigrant Petition for Alien Workers website.