Employment-Based Immigration: Third Preference EB-3

You might be qualified for this immigrant visa preference category if you are a proficient employee, professional, or other worker.

– Skilled employees are individuals who are capable of performing experienced labor and whose job requires a minimum of 2 years training or experience, not of a temporary or seasonal nature. Skilled workers should likewise fulfill any instructional, training, or experience requirements of the task 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 comparable degree and belong to the professions. Their tasks require a minimum of a bachelor’s degree. Professionals need to likewise meet any instructional, training, or employment experience requirements of the job chance.

– Other employees (also called inexperienced employees) are in carrying out common labor whose task requires less than 2 years training or experience, not of a temporary or seasonal nature. Other employees should also fulfill any academic, training, or experience requirements of the job opportunity.

Labor Certification

Third preference petitions are generally accompanied by an a signed Form ETA-9089, Application for Permanent Employment Certification, approved by DOL, or, for labor employment 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). To learn more, 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 accreditation. This is due to the fact that DOL has already identified there are not adequate U.S. employees for those professions. Currently, DOL has actually designated 2 groups of professions under Schedule A. Group I consists of professional nurses and physical therapists. Group II consists of recipients with extraordinary capability in the sciences or arts (including institution of higher learning instructors) and immigrants of extraordinary capability in the performing arts. A petition for Schedule A classification needs to be accompanied by a completed, uncertified Form ETA-9089, employment including all applicable appendices, employment a signed Final Determination, and a valid prevailing wage decision tracking number in Section E, Item 1 of the uncertified Form ETA-9089. For more details on Schedule A requirements, see Volume 6, Part E, Chapter 7, of the USCIS Policy Manual.

– The labor certification (or application for Schedule A designation) needs to need at least 2 years of experience or training.

– You need to demonstrate that you have actually met any task requirements specified on the labor accreditation (or application for Schedule A designation). This evidence may consist of official scholastic records and letters from existing or previous employers.

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

– The labor accreditation (or application for Schedule A classification) must need at least a U.S. bachelor’s or foreign comparable degree, and a bachelor’s degree is the normal requirement for entry into the occupation.

– You must demonstrate that you have actually satisfied any job requirements defined on the labor accreditation (or application for Schedule A classification). This evidence may consist of official academic records and letters from existing or former companies.

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

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

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

Immigrant Petition Process

Third preference petitions are submitted using Form I-140, Immigrant Petition for Alien Workers. For information on needed supporting documentation and filing charges, see the Form I-140 web page (that includes the Form I-140 instructions and details about filing fees) and the Petition Filing and Processing Procedures for employment Form I-140, Immigrant Petition for Alien Workers web page.