Employment-Based Immigration: Third Preference EB-3

You may be eligible for this immigrant visa choice category if you are an experienced employee, professional, or other employee.

– Skilled employees are individuals who are capable of performing proficient labor and whose job needs a minimum of 2 years training or experience, not of a short-lived or seasonal nature. Skilled workers need to likewise satisfy any instructional, 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 comparable degree and are a member of the professions. Their tasks require a minimum of a bachelor’s degree. Professionals must likewise fulfill any educational, training, or experience requirements of the job chance.

– Other workers (likewise called unskilled employees) are persons capable of carrying out common labor whose job requires less than 2 years training or experience, not of a short-term or seasonal nature. Other employees need to likewise meet any educational, 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 Permanent Employment Certification, authorized by DOL, or, for labor certification applications filed on or after June 1, 2023, utilizing 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 webpage.

Petitions for employment Schedule An occupations are not needed to have a DOL-approved labor certification. This is because DOL has already figured out 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 professional nurses and physical therapists. Group II includes with exceptional capability in the sciences or arts (consisting of college and university teachers) and immigrants of extraordinary capability in the performing arts. A petition for Schedule A designation must be accompanied by a completed, employment uncertified Form ETA-9089, consisting of 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, employment see Volume 6, Part E, Chapter 7, employment of the USCIS Policy Manual.

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

– You should demonstrate that you have 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 existing or former employers.

– Relevant post-secondary education might be considered as training.

– The labor certification (or application for Schedule A designation) should need a minimum of a U.S. bachelor’s or foreign comparable degree, and a bachelor’s degree is the typical requirement for entry into the occupation.

– You should demonstrate that you have met any task requirements specified on the labor accreditation (or application for Schedule A designation). This evidence might consist of main scholastic records and letters from present or former employers.

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

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

– You should show that you have actually fulfilled any requirements specified on the labor accreditation.

Immigrant Petition Process

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