Employment-Based Immigration: Third Preference EB-3
You may be qualified for this immigrant visa choice classification if you are a proficient employee, professional, or other employee.
– Skilled employees are persons who are capable of performing proficient labor and whose task needs at least 2 years training or employment experience, not of a short-lived or seasonal nature. Skilled workers need to also satisfy any educational, 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 equivalent degree and are a member of the professions. Their tasks require a minimum of a bachelor’s degree. Professionals should also satisfy any academic, training, or experience requirements of the job chance.
– Other workers (likewise called inexperienced employees) are individuals efficient in performing unskilled work whose task needs less than 2 years training or experience, not of a momentary or employment seasonal nature. Other employees need to also meet any academic, training, or employment experience requirements of the task opportunity.
Labor Certification
Third choice 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, 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 info, 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 because DOL has already determined there are not sufficient U.S. employees for those occupations. Currently, DOL has designated 2 groups of occupations under Schedule A. Group I includes professional nurses and physical therapists. Group II includes recipients with exceptional capability in the sciences or arts (consisting of institution of higher learning teachers) and immigrants of extraordinary ability in the performing arts.
A petition for employment Schedule A designation should be accompanied by a completed, uncertified Form ETA-9089, including all relevant appendices, a signed Final Determination, and a legitimate prevailing wage decision tracking number in Section E, Item 1 of the uncertified Form ETA-9089. To find out more on Schedule A requirements, see Volume 6, Part E, Chapter 7, of the USCIS Policy Manual.
– The labor certification (or for Schedule A designation) needs to require at least 2 years of experience or training.
– You must show that you have satisfied any job requirements specified on the labor accreditation (or application for Schedule A designation). This evidence might include main academic records and letters from existing or previous companies.
– Relevant post-secondary education may be considered as training.
– The labor employment certification (or application for Schedule A classification) should require a minimum of a U.S.
bachelor’s or foreign comparable degree, employment and a bachelor’s degree is the normal requirement for entry into the occupation.
– You must show that you have satisfied any task requirements specified on the labor accreditation (or application for Schedule A classification). This proof might consist of main scholastic records and letters from current or former employers.
– Education and experience might not be replaced for a bachelor’s degree.
– The labor certification need to require less than 2 years training or experience.
– You must demonstrate that you have actually met any requirements defined on the labor certification.
Immigrant Petition Process
Third preference petitions are submitted utilizing Form I-140, Immigrant Petition for Alien Workers. For info on needed supporting documents and filing charges, see the Form I-140 web page (which consists of the Form I-140 directions and details about filing charges) and employment the Petition Filing and Processing Procedures for Form I-140, Immigrant Petition for Alien Workers webpage.
