Employment-Based Immigration: Third Preference EB-3
You might be qualified for this immigrant visa preference category if you are a skilled employee, employment professional, or other worker.
- Skilled workers are persons who are capable of carrying out skilled labor and whose task needs at least 2 years training or experience, not of a short-lived or seasonal nature. Skilled employees need to likewise fulfill any academic, training, or experience requirements of the task 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 employment belong to the professions. Their tasks need a minimum of a bachelor's degree. Professionals must also fulfill any instructional, training, or experience requirements of the task chance.
- Other workers (likewise called inexperienced employees) are persons efficient in carrying out unskilled labor whose task needs less than 2 years training or experience, not of a momentary or seasonal nature. Other workers must also fulfill any educational, training, or experience requirements of the task opportunity.
Labor Certification
Third choice petitions are normally accompanied by an a signed Form ETA-9089, employment Application for Permanent Employment Certification, employment approved by DOL, or, for labor accreditation applications submitted 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). To learn more, see the Department of Labor's Foreign Labor Certification web page.
Petitions for Schedule An occupations are not required to have a DOL-approved labor accreditation. This is because DOL has currently figured out there are not sufficient U.S. employees for those occupations. Currently, DOL has designated 2 groups of occupations under Schedule A. Group I consists of professional nurses and physical therapists. Group II consists of beneficiaries with remarkable ability in the sciences or employment arts (consisting of institution of higher learning instructors) and immigrants of remarkable ability in the performing arts. A petition for Schedule A classification must be accompanied by a completed, uncertified Form ETA-9089, including all suitable appendices, a signed Final Determination, and a legitimate dominating wage decision 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 accreditation (or application for Schedule A designation) needs to need at least 2 years of experience or training.
- You need to demonstrate that you have fulfilled any task requirements defined on the labor accreditation (or application for Schedule A designation). This proof might include official scholastic records and letters from present or former employers.
- Relevant post-secondary education might be thought about as training.
- The labor accreditation (or application for Schedule A designation) must require 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 should show that you have actually satisfied any job requirements defined on the labor accreditation (or application for Schedule A designation). This evidence might include main academic records and letters from current or former employers.
- Education and experience may not be to a bachelor's degree.
- The labor employment accreditation must require less than 2 years training or experience.
- You should demonstrate that you have met any requirements specified on the labor certification.
Immigrant Petition Process
Third choice petitions are filed utilizing Form I-140, Immigrant Petition for employment Alien Workers. For details on needed supporting documents and filing charges, see the Form I-140 webpage (which includes the Form I-140 guidelines and details about filing costs) and the Petition Filing and Processing Procedures for Form I-140, Immigrant Petition for Alien Workers webpage.