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Employment-Based Immigration: Third Preference EB-3

You might be eligible for this immigrant visa preference category if you are a competent employee, professional, or other employee.

– Skilled employees are individuals who are capable of performing competent labor and employment whose job requires 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 employment experience requirements of the job chance. Relevant post-secondary education may be considered as training.

– Professionals are persons who hold at least a U.S. bachelor’s or foreign comparable degree and belong to the professions. Their jobs need a minimum of a bachelor’s degree. Professionals must also fulfill any academic, training, or experience requirements of the task chance.

– Other workers (also called unskilled employees) are individuals efficient in performing unskilled work whose task needs less than 2 years training or experience, not of a momentary or seasonal nature. Other workers should likewise fulfill any academic, training, or experience requirements of the task opportunity.

Labor Certification

Third preference petitions are usually accompanied by an a signed Form ETA-9089, Application for Permanent Employment Certification, approved by DOL, or, for labor accreditation applications submitted on or after June 1, 2023, utilizing 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 info, see the Department of Labor’s Foreign Labor Certification webpage.

Petitions for Schedule A professions are not needed to have a DOL-approved labor certification. This is since DOL has already figured out there are not adequate U.S. employees for those occupations. Currently, DOL has actually designated 2 groups of occupations under Schedule A. Group I includes professional nurses and employment physical therapists. Group II includes beneficiaries with extraordinary ability in the sciences or arts (including institution of higher learning instructors) and immigrants of extraordinary capability in the carrying out arts. A petition for employment Schedule A designation must be accompanied by a completed, uncertified Form ETA-9089, consisting of all appropriate appendices, a signed Final Determination, and a valid prevailing wage decision tracking number in Section E, Item 1 of the uncertified Form ETA-9089. To learn more 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) needs to require at least 2 years of experience or training.

– You should show that you have actually fulfilled any task requirements specified on the labor certification (or application for Schedule A designation). This proof might include main scholastic records and letters from current or former companies.

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

– The labor accreditation (or application for A classification) should need a minimum of a U.S. bachelor’s or foreign comparable degree, and a bachelor’s degree is the regular 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 classification). This evidence might include main scholastic records and letters from existing or former companies.

– Education and experience may not be alternatived to a bachelor’s degree.

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

– You should show that you have actually met any requirements defined on the labor accreditation.

Immigrant Petition Process

Third choice petitions are filed utilizing Form I-140, Immigrant Petition for Alien Workers. For info on needed supporting documents and filing charges, see the Form I-140 web page (which includes the Form I-140 directions and info about filing fees) and the Petition Filing and Processing Procedures for Form I-140, employment Immigrant Petition for Alien Workers webpage.