Employment-Based Immigration: Third Preference EB-3

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

– Skilled employees are individuals who are capable of performing competent labor and whose task needs at least 2 years training or experience, not of a momentary or seasonal nature. Skilled employees need to also satisfy 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 at least a U.S. bachelor’s or foreign equivalent degree and are a member of the professions. Their tasks need a minimum of a bachelor’s degree. Professionals should likewise meet any instructional, training, or experience requirements of the task opportunity.

– Other employees (likewise called unskilled employees) are individuals capable of performing inexperienced labor whose task requires less than 2 years training or experience, not of a temporary or seasonal nature. Other employees need to likewise fulfill any educational, 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, employment 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). To find out 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 certification. This is due to the fact that DOL has actually currently figured out there are not enough U.S. employees for those occupations. Currently, DOL has designated 2 groups of professions under Schedule A. Group I consists of expert nurses and physical therapists. Group II consists of recipients with extraordinary capability in the sciences or arts ( and university teachers) and immigrants of exceptional ability in the performing arts. A petition for Schedule A classification must be accompanied by a finished, uncertified Form ETA-9089, consisting of all appropriate appendices, a signed Final Determination, and a legitimate dominating wage decision tracking number in Section E, Item 1 of the uncertified Form ETA-9089. For additional information on Schedule A requirements, see Volume 6, Part E, Chapter 7, of the USCIS Policy Manual.

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

– You need to show that you have actually satisfied any task requirements specified on the labor certification (or application for Schedule A designation). This proof might consist of official academic 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 classification) should 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 profession.

– You should demonstrate that you have fulfilled any task requirements defined on the labor certification (or application for Schedule A classification). This proof might consist of official scholastic records and letters from current or former companies.

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

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

– You must show that you have satisfied any requirements specified on the labor accreditation.

Immigrant Petition Process

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