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Employment-Based Immigration: Third Preference EB-3

You might be qualified for this immigrant visa choice classification if you are a competent worker, professional, or other worker.

– Skilled employees are persons who are capable of carrying out experienced labor and whose job needs at least 2 years training or experience, not of a short-term or seasonal nature. Skilled workers should likewise fulfill any educational, training, or experience requirements of the job chance. Relevant post-secondary education might be thought about as training.

– Professionals are persons who hold a minimum of a U.S. bachelor’s or foreign comparable degree and belong to the occupations. Their jobs require a minimum of a bachelor’s degree. Professionals must likewise fulfill any educational, training, or experience requirements of the task opportunity.

– Other employees (also called unskilled workers) are persons capable of performing unskilled work whose job needs less than 2 years training or job experience, not of a momentary or seasonal nature. Other workers should likewise fulfill any academic, training, or experience requirements of the job opportunity.

Labor Certification

Third choice petitions are normally accompanied by an a signed Form ETA-9089, job Application for Permanent Employment Certification, approved by DOL, or, for labor accreditation applications filed 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). For additional information, see the Department of Labor’s Foreign Labor Certification webpage.

Petitions for Schedule An occupations are not needed to have a DOL-approved labor accreditation. This is because DOL has currently identified there are not enough U.S. workers for those professions. Currently, DOL has designated 2 groups of professions under Schedule A. Group I consists of expert nurses and physiotherapists. Group II consists of recipients with extraordinary ability in the sciences or arts (consisting of institution of higher learning teachers) and immigrants of exceptional capability in the carrying out arts. A petition for Schedule A designation needs to be accompanied by a finished, uncertified Form ETA-9089, consisting of all relevant appendices, a signed Final Determination, and a valid 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, Chapter 7, of the USCIS Policy Manual.

– The labor accreditation (or application for Schedule A classification) must require a minimum of 2 years of experience or training.

– You should show that you have actually met any job requirements specified on the labor certification (or application for Schedule A classification). This proof might include main scholastic records and letters from existing or previous companies.

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

– The labor certification (or application for Schedule A classification) should require 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 profession.

– You need to demonstrate that you have actually fulfilled any task requirements defined on the labor certification (or application for Schedule A designation). This evidence might consist of main scholastic records and letters from present or previous companies.

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

– The labor certification should need less than 2 years or experience.

– You should show that you have fulfilled any requirements specified on the labor accreditation.

Immigrant Petition Process

Third preference petitions are filed using Form I-140, Immigrant Petition for Alien Workers. For details on required supporting documentation and filing charges, see the Form I-140 website (that includes the Form I-140 instructions and job information about filing charges) and the Petition Filing and Processing Procedures for Form I-140, Immigrant Petition for Alien Workers webpage.