Employment-Based Immigration: Third Preference EB-3

You might be eligible for this immigrant visa choice category if you are a knowledgeable worker, expert, or other employee.

– Skilled workers are persons who are capable of performing knowledgeable labor and whose job requires at least 2 years training or experience, not of a momentary or seasonal nature. Skilled employees must also fulfill any academic, training, or experience requirements of the job chance. Relevant post-secondary education may be considered as training.

– Professionals are persons who hold at least a U.S. bachelor’s or foreign equivalent degree and employment belong to the professions. Their tasks require a minimum of a bachelor’s degree. Professionals should likewise satisfy any instructional, training, or experience requirements of the job opportunity.

– Other workers (likewise called inexperienced employees) are persons efficient in performing common labor whose job needs less than 2 years training or experience, not of a short-lived or seasonal nature. Other workers should likewise meet any educational, training, or experience requirements of the task opportunity.

Labor Certification

Third choice petitions are typically accompanied by an a signed Form ETA-9089, Application for Permanent Employment Certification, approved by DOL, or, for labor certification 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). For more details, see the Department of Labor’s Foreign Labor Certification website.

Petitions for Schedule A professions are not needed to have a DOL-approved labor accreditation. This is due to the fact that DOL has actually already figured out there are not adequate U.S. employees for those occupations. Currently, DOL has designated 2 groups of under Schedule A. Group I consists of professional nurses and physiotherapists. Group II includes recipients with remarkable ability in the sciences or arts (consisting of college and university instructors) and immigrants of exceptional capability in the performing arts. A petition for employment Schedule A designation must be accompanied by a finished, uncertified Form ETA-9089, including 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 more information on Schedule A requirements, see Volume 6, Part E, Chapter 7, of the USCIS Policy Manual.

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

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

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

– The labor certification (or application for Schedule A designation) 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 need to demonstrate that you have actually fulfilled any job requirements defined on the labor certification (or application for Schedule A designation). This evidence may consist of official scholastic records and letters from current or previous companies.

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

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

– You must demonstrate that you have satisfied any requirements specified on the labor certification.

Immigrant Petition Process

Third choice petitions are submitted using Form I-140, Immigrant Petition for Alien Workers. For information on required supporting documents and filing fees, see the Form I-140 webpage (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 webpage.