Employment-Based Immigration: Third Preference EB-3
You may be qualified for this immigrant visa preference if you are a knowledgeable employee, professional, or other worker.
- Skilled employees are individuals who are capable of carrying out skilled labor and whose job requires at least 2 years training or experience, not of a temporary or seasonal nature. Skilled workers must likewise satisfy any academic, training, or experience requirements of the job chance. Relevant post-secondary education may be thought about as training.
- Professionals are individuals who hold at least 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 must likewise fulfill any instructional, training, or experience requirements of the job opportunity.
- Other workers (also called inexperienced employees) are individuals capable of carrying out unskilled labor whose job needs less than 2 years training or experience, employment not of a short-term or seasonal nature. Other workers must also satisfy any instructional, training, or experience requirements of the task chance.
Labor Certification
Third preference petitions are normally accompanied by an a signed Form ETA-9089, Application for employment Permanent Employment Certification, employment 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 website.
Petitions for Schedule A professions are not required to have a DOL-approved labor certification. This is because DOL has actually already determined there are not enough U.S. workers for those professions. Currently, DOL has actually designated 2 groups of occupations under Schedule A. Group I consists of professional nurses and physical therapists. Group II includes recipients with exceptional capability in the sciences or arts (consisting of institution of higher learning teachers) and immigrants of exceptional ability in the carrying out arts. A petition for Schedule A classification must be accompanied by a completed, 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. For additional information 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) 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 evidence might consist of official scholastic records and letters from current or former employers.
- Relevant post-secondary education might be thought about as training.
- The labor certification (or employment application for Schedule A designation) must need at least a U.S. bachelor's or foreign equivalent degree, employment and a bachelor's degree is the regular requirement for entry into the occupation.
- You must show that you have fulfilled any task requirements specified on the labor certification (or application for Schedule A classification). This proof might consist of main scholastic records and letters from existing or previous companies.
- Education and experience might not be alternatived to a bachelor's degree.
- The labor accreditation must require less than 2 years training or experience.
- You need to show that you have actually satisfied any requirements specified on the labor accreditation.
Immigrant Petition Process
Third choice petitions are filed utilizing Form I-140, Immigrant Petition for Alien Workers. For details on needed supporting documentation and filing fees, see the Form I-140 webpage (that includes the Form I-140 guidelines and information about filing charges) and employment the Petition Filing and Processing Procedures for Form I-140, Immigrant Petition for Alien Workers web page.