Employment-Based Immigration: Third Preference EB-3

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

– Skilled workers are individuals who are capable of carrying out knowledgeable labor employment and whose task requires a minimum of 2 years training or experience, not of a short-lived or seasonal nature. Skilled workers need to likewise meet any academic, training, employment or experience requirements of the task opportunity. Relevant post-secondary education might be considered as training.

– Professionals are persons who hold a minimum of a U.S. bachelor’s or foreign comparable degree and are a member of the occupations. Their jobs require a minimum of a bachelor’s degree. Professionals should also meet any instructional, training, or experience requirements of the task opportunity.

– Other employees (likewise called inexperienced workers) are individuals capable of performing unskilled labor whose job requires less than 2 years training or experience, not of a momentary or seasonal nature. Other employees must also meet any educational, training, or 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 labor accreditation applications filed on or after June 1, 2023, using 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 details, 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 sufficient U.S. employees for those occupations. Currently, DOL has actually designated 2 groups of occupations under Schedule A. Group I includes professional nurses and physiotherapists. Group II consists of beneficiaries with remarkable ability in the sciences or arts (including institution of higher learning teachers) and immigrants of exceptional ability in the carrying out arts. A petition for Schedule A designation must be accompanied by a finished, 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 find out more on Schedule A requirements, employment see Volume 6, Part E, Chapter 7, of the USCIS Policy Manual.

– The (or application for Schedule A classification) must need at least 2 years of experience or training.

– You need to show that you have actually satisfied 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 current or former employers.

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

– The labor accreditation (or application for Schedule A classification) 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 occupation.

– You must show that you have satisfied any task requirements defined on the labor certification (or employment application for Schedule A classification). This proof might include official scholastic records and letters from present or previous employers.

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

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

– You need to demonstrate that you have actually fulfilled any requirements specified on the labor accreditation.

Immigrant Petition Process

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