Employment-Based Immigration: Third Preference EB-3

You might be eligible for this immigrant visa preference classification if you are a skilled employee, expert, or other worker.

– Skilled workers are persons who are capable of performing proficient labor and whose job requires a minimum of 2 years training or experience, not of a short-term or seasonal nature. Skilled employees should also meet any academic, 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 employment foreign comparable degree and belong to the occupations. Their jobs require a minimum of a bachelor’s degree. Professionals must likewise satisfy any instructional, training, or experience requirements of the job chance.

– Other workers (likewise called inexperienced workers) are individuals efficient in carrying out common labor whose job requires less than 2 years training or experience, not of a short-term or seasonal nature. Other employees should also satisfy any instructional, training, or experience requirements of the job chance.

Labor Certification

Third choice 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 information, see the Department of Labor’s Foreign Labor Certification webpage.

Petitions for Schedule An occupations are not needed to have a DOL-approved labor certification. This is due to the fact that DOL has actually currently identified there are not sufficient U.S. workers for those professions. Currently, DOL has designated 2 groups of professions under Schedule A. Group I includes expert nurses and physical therapists. Group II consists of beneficiaries with remarkable capability in the sciences or arts (consisting of institution of higher learning instructors) and immigrants of exceptional capability in the carrying out arts. A petition for Schedule A designation must be accompanied by a finished, uncertified Form ETA-9089, consisting of all appendices, a signed Final Determination, and a valid prevailing wage decision tracking number in Section E, Item 1 of the uncertified Form ETA-9089. For additional information on Schedule A requirements, employment see Volume 6, Part E, Chapter 7, of the USCIS Policy Manual.

– The labor accreditation (or application for Schedule A classification) must require a minimum of 2 years of experience or training.

– You should demonstrate that you have fulfilled any task requirements specified on the labor certification (or application for Schedule A classification). This evidence may include official scholastic records and letters from existing or former employers.

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

– The labor accreditation (or application for Schedule A designation) should need a minimum of a U.S. bachelor’s or foreign equivalent degree, and a bachelor’s degree is the normal requirement for employment entry into the profession.

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

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

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

– You need to show that you have actually met any requirements defined on the labor certification.

Immigrant Petition Process

Third preference petitions are filed using Form I-140, Immigrant Petition for employment Alien Workers. For info on needed supporting documents and filing fees, see the Form I-140 web page (that includes the Form I-140 directions and information about filing fees) and the Petition Filing and Processing Procedures for Form I-140, Immigrant Petition for Alien Workers webpage.