Employment-Based Immigration: Third Preference EB-3

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

– Skilled employees are persons who are capable of carrying out proficient labor and whose task needs a minimum of 2 years training or experience, not of a short-lived or seasonal nature. Skilled workers should likewise satisfy any academic, 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 equivalent degree and are a member of the professions. Their tasks need a minimum of a bachelor’s degree. Professionals must likewise satisfy any academic, training, employment or experience requirements of the job opportunity.

– Other workers (also called inexperienced employees) are individuals capable of carrying out common labor whose job requires less than 2 years training or experience, not of a short-lived or seasonal nature. Other workers must also satisfy any educational, training, employment or experience requirements of the task chance.

Labor Certification

Third choice petitions are usually accompanied by an a signed Form ETA-9089, Application for Permanent Employment Certification, authorized by DOL, or, for labor certification 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 more details, 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 because DOL has currently determined 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 . Group II consists of recipients with extraordinary ability in the sciences or arts (consisting of institution of higher learning instructors) and immigrants of extraordinary ability 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. For more details on Schedule A requirements, see Volume 6, Part E, Chapter 7, of the USCIS Policy Manual.

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

– You need to demonstrate that you have fulfilled any job requirements defined on the labor accreditation (or application for Schedule A classification). This proof may consist of official academic records and letters from present or previous companies.

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

– The labor accreditation (or application for Schedule A designation) needs to require a minimum of a U.S. bachelor’s or employment foreign equivalent degree, and a bachelor’s degree is the typical requirement for entry into the occupation.

– You should show that you have actually satisfied any task requirements specified on the labor accreditation (or application for Schedule A classification). This evidence might consist of main academic records and letters from current or former employers.

– Education and experience may not be substituted 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 certification.

Immigrant Petition Process

Third choice petitions are submitted utilizing Form I-140, Immigrant Petition for employment Alien Workers. For information on required supporting documentation and filing charges, see the Form I-140 web page (which includes the Form I-140 instructions and details about filing costs) and the Petition Filing and Processing Procedures for Form I-140, Immigrant Petition for Alien Workers website.