Employment-Based Immigration: Third Preference EB-3

You may be eligible for this immigrant visa preference category if you are an experienced employee, expert, or other worker.

– Skilled workers are persons who can carrying out experienced labor and whose task needs at least 2 years training or experience, employment not of a temporary or seasonal nature. Skilled employees must also satisfy any instructional, training, or experience requirements of the task chance. Relevant post-secondary education may be considered as training.

– Professionals are persons who hold at least a U.S. bachelor’s or foreign equivalent degree and are a member of the occupations. Their jobs require a minimum of a bachelor’s degree. Professionals should likewise satisfy any academic, training, or experience requirements of the task opportunity.

– Other employees (also called unskilled employees) are persons capable of performing unskilled labor whose task needs less than 2 years training or experience, not of a momentary or seasonal nature. Other employees should likewise fulfill 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, approved by DOL, or, for labor certification applications submitted on or after June 1, 2023, using DOL’s Foreign Labor Application Gateway (FLAG) system, an authorized and signed Form ETA-9089, Final Determination – Permanent Employment Certification Approval (Final Certification). For additional information, see the Department of Labor’s Foreign Labor Certification web page.

Petitions for Schedule An occupations are not required to have a DOL-approved labor certification. This is due to the fact that DOL has already identified there are not sufficient U.S. workers for those occupations. Currently, DOL has actually designated 2 groups of occupations under Schedule A. Group I includes expert nurses and physical therapists. Group II includes recipients with remarkable capability in the sciences or arts (including college and university instructors) and immigrants of exceptional 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 relevant appendices, employment a signed Final Determination, and a valid prevailing wage determination tracking number in Section E, Item 1 of the uncertified Form ETA-9089. For more info on Schedule A requirements, see Volume 6, employment Part E, Chapter 7, of the USCIS Policy Manual.

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

– You need to show that you have met any job requirements defined on the labor accreditation (or application for Schedule A classification). This proof might include main academic records and letters from existing or previous companies.

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

– The labor certification (or application for employment Schedule A classification) must require at least a U.S. bachelor’s or foreign equivalent degree, and a bachelor’s degree is the normal requirement for entry into the profession.

– You must show that you have actually met any job requirements specified on the labor accreditation (or application for Schedule A designation). This evidence may include official academic records and employment letters from present or previous employers.

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

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

– You should demonstrate that you have actually satisfied any on the labor certification.

Immigrant Petition Process

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