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Employment-Based Immigration: Third Preference EB-3

You may be eligible for this immigrant visa preference classification if you are a proficient employee, expert, or other worker.

– Skilled employees are persons who are capable of performing proficient labor and employment whose task needs at least 2 years training or experience, not of a short-term or seasonal nature. Skilled employees should also 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 equivalent degree and belong to the occupations. Their jobs need a minimum of a bachelor’s degree. Professionals need to also meet any instructional, training, or experience requirements of the job opportunity.

– Other employees (also called inexperienced 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 workers must also meet any instructional, training, or experience requirements of the task chance.

Labor Certification

Third choice petitions are typically 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). To find out more, see the Department of Labor’s Foreign Labor Certification website.

Petitions for An occupations are not needed to have a DOL-approved labor certification. This is since DOL has actually currently identified there are not enough U.S. employees for those professions. Currently, DOL has actually designated 2 groups of occupations under Schedule A. Group I consists of expert nurses and physical therapists. Group II includes recipients with remarkable ability in the sciences or arts (consisting of institution of higher learning teachers) and immigrants of extraordinary ability in the carrying out arts. A petition for Schedule A classification needs to be accompanied by a completed, uncertified Form ETA-9089, including all appropriate appendices, a signed Final Determination, employment and a legitimate dominating wage determination tracking number in Section E, Item 1 of the uncertified Form ETA-9089. To find out more on Schedule A requirements, see Volume 6, Part E, Chapter 7, of the USCIS Policy Manual.

– The labor accreditation (or application for Schedule A designation) needs to need a minimum of 2 years of experience or training.

– You should demonstrate that you have actually satisfied any task requirements defined on the labor certification (or application for Schedule A classification). This evidence might include main scholastic records and letters from present or previous companies.

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

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

– You should show that you have satisfied any job requirements specified on the labor accreditation (or application for Schedule A classification). This evidence might include main scholastic records and letters from present or former employers.

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

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

– You need to show that you have met any requirements defined on the labor certification.

Immigrant Petition Process

Third preference petitions are submitted utilizing Form I-140, Immigrant Petition for Alien Workers. For info on required supporting documentation and 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.