Employment-Based Immigration: Third Preference EB-3

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

– Skilled workers are individuals who are capable of carrying out proficient labor and whose job requires a minimum of 2 years training or experience, employment not of a temporary or seasonal nature. Skilled employees need to likewise meet any academic, training, or experience requirements of the task opportunity. Relevant post-secondary education might be considered as training.

– Professionals are persons who hold at least a U.S. bachelor’s or foreign comparable degree and belong to the occupations. Their tasks need a minimum of a bachelor’s degree. Professionals should also meet any academic, training, or experience requirements of the job opportunity.

– Other workers (likewise called inexperienced workers) are persons efficient in performing common labor whose job needs less than 2 years training or experience, not of a momentary or seasonal nature. Other workers must also fulfill any educational, 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, 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). To find out more, see the Department of Labor’s Foreign Labor Certification webpage.

Petitions for Schedule A professions are not required to have a DOL-approved labor . This is due to the fact that DOL has already determined there are not enough U.S. employees for those professions. Currently, employment DOL has designated 2 groups of professions under Schedule A. Group I includes professional nurses and physiotherapists. Group II includes beneficiaries with remarkable ability in the sciences or arts (including college and university instructors) and employment immigrants of exceptional ability in the performing arts. A petition for Schedule A classification needs to be accompanied by a completed, uncertified Form ETA-9089, consisting of all suitable appendices, a signed Final Determination, and a legitimate prevailing 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 must show that you have actually fulfilled any job requirements defined on the labor certification (or application for Schedule A designation). This evidence may include main academic records and letters from existing or former employers.

– Relevant post-secondary education might be thought about as training.

– The labor certification (or application for Schedule A designation) must require at least a U.S. bachelor’s or foreign equivalent degree, employment and a bachelor’s degree is the regular requirement for entry into the profession.

– You need to show that you have met any task requirements specified on the labor certification (or application for Schedule A classification). This evidence might consist of main scholastic records and letters from present or former companies.

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

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

– You should demonstrate that you have satisfied any requirements specified on the labor accreditation.

Immigrant Petition Process

Third preference petitions are filed utilizing Form I-140, Immigrant Petition for Alien Workers. For details on needed supporting documents and filing costs, see the Form I-140 website (that includes the Form I-140 guidelines and employment information about filing charges) and the Petition Filing and Processing Procedures for Form I-140, Immigrant Petition for Alien Workers webpage.