Employment-Based Immigration: Third Preference EB-3

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

– Skilled employees are individuals who can performing skilled labor and whose job requires at least 2 years training or experience, not of a temporary or seasonal nature. Skilled employees must also meet any instructional, training, or experience requirements of the job opportunity. Relevant post-secondary education might be thought about as training.

– Professionals are persons who hold a minimum of a U.S. bachelor’s or foreign equivalent degree and belong to the professions. Their tasks need a minimum of a bachelor’s degree. Professionals should also fulfill any instructional, training, or experience requirements of the job chance.

– Other employees (also called inexperienced workers) are persons efficient in performing unskilled labor whose job needs less than 2 years training or experience, not of a momentary or seasonal nature. Other workers should also satisfy any instructional, training, or experience requirements of the task opportunity.

Labor Certification

Third preference petitions are normally 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, utilizing DOL’s Foreign Labor Application Gateway (FLAG) system, an authorized and signed Form ETA-9089, Final Determination – Permanent Employment Certification Approval (Final Certification). For more details, see the Department of Labor’s Foreign Labor employment Certification website.

Petitions for Schedule A professions are not required to have a DOL-approved labor accreditation. This is due to the fact that DOL has actually currently determined there are not enough U.S. workers for those occupations. Currently, DOL has designated 2 groups of occupations under Schedule A. Group I includes professional nurses and physiotherapists. Group II includes beneficiaries with remarkable capability 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 classification needs to be accompanied by a completed, uncertified Form ETA-9089, consisting of all relevant 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) should need a minimum of 2 years of experience or training.

– You need to show that you have actually fulfilled any job requirements specified on the labor certification (or application for Schedule A designation). This evidence might include main academic records and letters from or former companies.

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

– The labor accreditation (or application for Schedule A classification) must require 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 need to demonstrate that you have satisfied any job requirements defined on the labor accreditation (or application for Schedule A classification). This proof might include main scholastic records and letters from existing or previous companies.

– 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 show that you have fulfilled any requirements specified on the labor certification.

Immigrant Petition Process

Third choice petitions are submitted using Form I-140, Immigrant Petition for Alien Workers. For details on required supporting documentation and filing charges, see the Form I-140 web page (which consists of the Form I-140 directions and information about filing costs) and the Petition Filing and Processing Procedures for Form I-140, Immigrant Petition for employment Alien Workers web page.