Employment-Based Immigration: Third Preference EB-3
You might be qualified for this immigrant visa choice classification if you are a competent employee, employment professional, or other employee.
– Skilled workers are individuals who can performing competent labor and whose job requires at least 2 years or experience, employment not of a temporary or seasonal nature. Skilled employees need to likewise 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 a minimum of 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 need to also meet any instructional, training, or experience requirements of the task opportunity.
– Other workers (also called unskilled workers) are individuals capable of carrying out common labor whose job requires less than 2 years training or experience, not of a momentary or seasonal nature. Other employees should also fulfill any instructional, training, or experience requirements of the task chance.
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 employment accreditation applications filed on or after June 1, 2023, utilizing DOL’s Foreign Labor Application Gateway (FLAG) system, an approved and signed Form ETA-9089, Final Determination – Permanent Employment Certification Approval (Final Certification). To learn more, see the Department of Labor’s Foreign Labor Certification web page.
Petitions for Schedule A professions are not required to have a DOL-approved labor accreditation. This is since DOL has already identified there are not adequate U.S. employees for those professions. Currently, DOL has actually designated 2 groups of occupations under Schedule A. Group I includes expert nurses and physical therapists. Group II consists of recipients with extraordinary ability in the sciences or arts (consisting of college and university teachers) and immigrants of extraordinary capability in the performing arts. A petition for Schedule A classification must be accompanied by a finished, uncertified Form ETA-9089, including all applicable appendices, a signed Final Determination, and a valid prevailing wage determination tracking number in Section E, employment Item 1 of the uncertified Form ETA-9089. For more details on Schedule A requirements, employment see Volume 6, employment Part E, Chapter 7, of the USCIS Policy Manual.
– The labor accreditation (or application for Schedule A classification) must require a minimum of 2 years of experience or training.
– You need to show that you have met any task requirements defined on the labor accreditation (or application for Schedule A classification). This proof may include official academic records and letters from present or former employers.
– Relevant post-secondary education might be thought about as training.
– The labor certification (or application for Schedule A designation) must require a minimum of a U.S. bachelor’s or foreign equivalent degree, and a bachelor’s degree is the normal requirement for entry into the profession.
– You need to show that you have met any job 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 former employers.
– Education and experience might not be replacemented for a bachelor’s degree.
– The labor accreditation should need less than 2 years training or experience.
– You must show that you have fulfilled any requirements specified on the labor certification.
Immigrant Petition Process
Third preference petitions are submitted using Form I-140, employment Immigrant Petition for Alien Workers. For information on required supporting paperwork and filing costs, see the Form I-140 website (which includes the Form I-140 guidelines and details about filing fees) and the Petition Filing and Processing Procedures for Form I-140, Immigrant Petition for Alien Workers webpage.
