Employment-Based Immigration: Third Preference EB-3

You might be qualified for this immigrant visa choice category if you are a skilled worker, expert, or other employee.

– Skilled workers are individuals who are capable of carrying out experienced labor and whose job needs at least 2 years training or employment experience, not of a short-term or seasonal nature. Skilled workers need to likewise fulfill 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 equivalent degree and are a member of the professions. Their tasks need a minimum of a bachelor’s degree. Professionals should likewise fulfill any instructional, training, or experience requirements of the task chance.

– Other employees (likewise called inexperienced employees) are individuals capable of performing inexperienced labor whose job requires less than 2 years training or experience, not of a short-term or seasonal nature. Other employees should also satisfy any educational, training, employment or experience requirements of the job chance.

Labor Certification

Third choice petitions are usually accompanied by an a signed Form ETA-9089, Application for Permanent Employment Certification, approved 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). For more details, see the Department of Labor’s Foreign Labor Certification web page.

Petitions for Schedule A professions are not needed to have a DOL-approved labor certification. This is because DOL has currently identified there are not sufficient 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 employment physiotherapists. Group II includes recipients with remarkable ability in the sciences or arts (consisting of college and university teachers) and immigrants of extraordinary ability in the performing arts. A petition for Schedule A designation needs to be accompanied by a completed, employment uncertified Form ETA-9089, including all appropriate 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, employment Part E, Chapter 7, of the USCIS Policy Manual.

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

– You should show that you have fulfilled any task requirements specified on the labor certification (or for Schedule A classification). This evidence might consist of official academic records and letters from existing or previous employers.

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

– The labor accreditation (or application for Schedule A designation) must need at least a U.S. bachelor’s or foreign equivalent degree, and a bachelor’s degree is the regular requirement for entry into the profession.

– You should demonstrate that you have actually satisfied any task requirements specified on the labor accreditation (or employment application for Schedule A designation). This evidence might consist of official academic records and letters from existing or previous employers.

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

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

– You must show that you have fulfilled any requirements defined on the labor certification.

Immigrant Petition Process

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