Employment-Based Immigration: Third Preference EB-3

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

– Skilled employees are persons who can performing skilled labor and whose task needs at least 2 years training or experience, not of a temporary or seasonal nature. Skilled employees need to also satisfy any educational, training, employment or experience requirements of the task 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 comparable degree and are a member of the occupations. Their tasks need a minimum of a bachelor’s degree. Professionals should also fulfill any instructional, training, or experience requirements of the job chance.

– Other workers (likewise called unskilled employees) are persons efficient in performing common labor whose job needs less than 2 years training or experience, not of a short-term or seasonal nature. Other employees should likewise satisfy any educational, training, or employment experience requirements of the task opportunity.

Labor Certification

Third choice petitions are generally accompanied by an a signed Form ETA-9089, Application for Permanent Employment Certification, authorized by DOL, or, for employment labor certification applications filed on or after June 1, 2023, utilizing DOL’s Foreign Labor Application Gateway (FLAG) system, an approved and employment 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 required to have a DOL-approved labor certification. This is due to the fact that DOL has currently figured out there are not sufficient U.S. employees for those occupations. Currently, employment DOL has designated 2 groups of occupations under Schedule A. Group I includes expert nurses and physiotherapists. Group II consists of recipients with exceptional ability in the sciences or arts (including 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 completed, uncertified Form ETA-9089, including 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. 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 designation) must need at least 2 years of experience or training.

– You need to demonstrate that you have actually fulfilled any job requirements on the labor accreditation (or application for Schedule A designation). This evidence may consist of main scholastic records and letters from present or former employers.

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

– The labor certification (or employment application for Schedule A designation) needs to require at least a U.S. bachelor’s or foreign comparable degree, and a bachelor’s degree is the typical requirement for entry into the profession.

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

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

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

– You must demonstrate that you have fulfilled any requirements defined on the labor accreditation.

Immigrant Petition Process

Third choice petitions are filed using Form I-140, Immigrant Petition for Alien Workers. For info on required supporting documents and filing costs, see the Form I-140 web page (that includes the Form I-140 guidelines and info about filing costs) and the Petition Filing and Processing Procedures for Form I-140, Immigrant Petition for Alien Workers web page.