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Opened Mar 12, 2025 by Adeline Cotton@adelinecotton
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Employment-Based Immigration: Third Preference EB-3


You might be qualified for this immigrant visa preference classification if you are an experienced employee, expert, or other employee.

- Skilled employees are individuals who are capable of carrying out competent labor and whose task requires at least 2 years training or experience, not of a short-term or seasonal nature. Skilled workers need to likewise meet any educational, training, or experience requirements of the job opportunity. Relevant post-secondary education might be thought about as training.
- Professionals are individuals who hold a minimum of a U.S. bachelor's or foreign comparable degree and are a member of the occupations. Their jobs need a minimum of a bachelor's degree. Professionals should also satisfy any educational, training, or experience requirements of the task opportunity.
- Other employees (also called unskilled workers) are persons efficient in performing common labor whose job needs less than 2 years training or experience, not of a short-term or seasonal nature. Other workers need to also fulfill any instructional, training, or experience requirements of the task opportunity.
Labor Certification

Third preference petitions are usually accompanied by an a signed Form ETA-9089, Application for Permanent Employment Certification, authorized by DOL, or, for labor certification 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 webpage.

Petitions for Schedule An occupations are not required to have a DOL-approved labor certification. This is because DOL has actually already figured out there are not adequate U.S. employees for employment those professions. Currently, DOL has designated 2 groups of professions under Schedule A. Group I includes professional nurses and physical therapists. Group II includes recipients with remarkable ability in the sciences or arts (including college and university teachers) and immigrants of extraordinary ability in the performing arts. A petition for Schedule A designation must be accompanied by a finished, employment uncertified Form ETA-9089, including all relevant appendices, a signed Final Determination, and a legitimate dominating wage determination 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 accreditation (or for Schedule A designation) needs to require a minimum of 2 years of experience or training.
- You should show that you have satisfied any task requirements defined on the labor accreditation (or application for Schedule A designation). This proof might include official academic records and letters from existing or former employers.
- Relevant post-secondary education might be considered as training.

  • The labor 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 entry into the profession.
    - You should demonstrate that you have actually fulfilled any job requirements specified on the labor certification (or application for Schedule A designation). This proof may consist of official academic records and letters from existing or former companies.
    - Education and experience may not be alternatived to a bachelor's degree.

- The labor accreditation need to require less than 2 years training or experience.
- You should show that you have met any requirements defined on the labor accreditation.
Immigrant Petition Process

Third preference petitions are submitted utilizing Form I-140, Immigrant Petition for Alien Workers. For details on needed supporting paperwork and filing charges, see the Form I-140 website (which consists of 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 website.
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Reference: adelinecotton/jobedges#82