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Employment-Based Immigration: Third Preference EB-3

You may be eligible for this immigrant visa preference category if you are a skilled worker, expert, or other worker.

– Skilled workers are individuals who can performing experienced labor and whose job requires at least 2 years training or experience, not of a temporary or seasonal nature. Skilled workers should also satisfy any academic, training, or experience requirements of the task opportunity. Relevant post-secondary education might be considered as training.

– Professionals are individuals who hold at least a U.S. bachelor’s or foreign equivalent degree and are a member of the professions. Their jobs need a minimum of a bachelor’s degree. Professionals need to likewise fulfill any instructional, training, or experience requirements of the task chance.

– Other employees (also called inexperienced employees) are persons capable of carrying out unskilled work whose job requires less than 2 years training or experience, not of a momentary or seasonal nature. Other employees need to likewise fulfill any educational, training, or experience requirements of the task chance.

Labor Certification

Third choice petitions are normally accompanied by an a signed Form ETA-9089, Application for Permanent Employment Certification, approved by DOL, or, for labor certification applications submitted 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 find out more, see the Department of Labor’s Foreign Labor Certification webpage.

Petitions for Schedule A professions are not required to have a DOL-approved labor accreditation. This is due to the fact that DOL has currently figured out there are not sufficient U.S. workers for those occupations. Currently, DOL has 2 groups of professions under Schedule A. Group I consists of professional nurses and physiotherapists. Group II includes beneficiaries with exceptional capability in the sciences or arts (including institution of higher learning instructors) and immigrants of remarkable ability in the performing arts. A petition for Schedule A classification should be accompanied by a finished, uncertified Form ETA-9089, consisting of all appropriate appendices, a signed Final Determination, and a valid dominating wage decision 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 classification) needs to require at least 2 years of experience or training.

– You should demonstrate that you have met any job requirements defined on the labor certification (or application for Schedule A designation). This proof might include official academic records and letters from present or former employers.

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

– The labor certification (or application for Schedule A classification) needs to 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 profession.

– You must demonstrate that you have fulfilled any task requirements defined on the labor certification (or application for Schedule A designation). This proof might include main scholastic records and letters from existing or former employers.

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

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

– You should show that you have 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 referall.us details on required supporting documentation and filing fees, see the Form I-140 web page (that includes the Form I-140 directions and details about filing costs) and the Petition Filing and Processing Procedures for Form I-140, Immigrant Petition for Alien Workers webpage.