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Employment-Based Immigration: Third Preference EB-3

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

– Skilled employees are persons who are capable of carrying out proficient labor and whose job needs a minimum of 2 years training or experience, not of a momentary or employment seasonal nature. Skilled workers must also meet any academic, training, or employment experience requirements of the task opportunity. Relevant post-secondary education may be thought about as training.

– Professionals are individuals who hold a minimum of a U.S. bachelor’s or foreign equivalent degree and are a member of the professions. Their tasks require a minimum of a bachelor’s degree. Professionals need to also satisfy any educational, training, or experience requirements of the task chance.

– Other employees (also called inexperienced workers) are persons capable of performing unskilled labor employment whose task requires less than 2 years training or experience, not of a short-term or seasonal nature. Other workers must also meet any academic, training, or experience requirements of the task opportunity.

Labor Certification

Third preference petitions are generally accompanied by an a signed Form ETA-9089, Application for Permanent Employment Certification, authorized by DOL, or, for labor certification applications submitted on or after June 1, 2023, utilizing 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 accreditation. This is because DOL has already determined there are not enough U.S. workers for those professions. Currently, DOL has designated 2 groups of professions under Schedule A. Group I includes expert nurses and physiotherapists. Group II includes 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 designation should be accompanied by a finished, uncertified Form ETA-9089, consisting of all relevant appendices, a signed Final Determination, and a legitimate prevailing wage determination 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 accreditation (or application for Schedule A classification) needs to require a minimum of 2 years of experience or training.

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

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

– The labor certification (or application for Schedule A classification) should need 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 fulfilled any task requirements specified on the labor accreditation (or application for Schedule A classification). This evidence may consist of main academic records and letters from current or former employers.

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

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

– You should demonstrate that you have actually met any requirements defined on the labor certification.

Immigrant Petition Process

Third preference petitions are filed utilizing Form I-140, Immigrant Petition for Alien Workers. For info on needed supporting documents and filing fees, see the Form I-140 website (which consists of the Form I-140 instructions and information about filing costs) and the Petition Filing and Processing Procedures for Form I-140, Immigrant Petition for Alien Workers web page.