Employment-Based Immigration: Third Preference EB-3

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

– Skilled workers are individuals who are capable of performing experienced labor and whose task requires at least 2 years training or experience, employment not of a short-lived or seasonal nature. Skilled employees need to likewise satisfy any academic, 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 comparable degree and belong to the occupations. Their jobs need a minimum of a bachelor’s degree. Professionals should also fulfill any instructional, training, or experience requirements of the job chance.

– Other workers (also called unskilled employees) are individuals capable of carrying out unskilled work whose job needs less than 2 years training or experience, not of a temporary or seasonal nature. Other workers should likewise satisfy any instructional, 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 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, employment Final Determination – Permanent Employment Certification Approval (Final Certification). To find out more, see the Department of Labor’s Foreign Labor Certification website.

Petitions for Schedule A professions are not required to have a DOL-approved labor certification. This is since DOL has actually already identified there are not enough U.S. employees for those professions. Currently, DOL has designated 2 groups of occupations under Schedule A. Group I consists of expert nurses and physiotherapists. Group II includes beneficiaries with extraordinary ability in the or arts (including college and university instructors) and immigrants of exceptional capability in the performing arts. A petition for Schedule A designation should be accompanied by a completed, uncertified Form ETA-9089, consisting of all suitable appendices, a signed Final Determination, and a valid dominating 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 employment Schedule A classification) should need at least 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 proof might consist of main scholastic records and letters from current or previous employers.

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

– The labor employment accreditation (or application for Schedule A classification) must 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 occupation.

– You should demonstrate that you have actually satisfied any task requirements defined on the labor certification (or application for Schedule A designation). This evidence might consist of main scholastic records and letters from current or previous companies.

– Education and experience may 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 actually fulfilled 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 info on needed supporting paperwork and filing fees, see the Form I-140 website (that includes the Form I-140 directions and details about filing charges) and the Petition Filing and Processing Procedures for Form I-140, Immigrant Petition for Alien Workers web page.