Employment-Based Immigration: Third Preference EB-3
You might be eligible for this immigrant visa preference classification if you are a knowledgeable worker, professional, or other employee.
- Skilled workers are persons who are capable of performing experienced labor and whose task needs a minimum of 2 years training or experience, not of a short-lived or seasonal nature. Skilled employees should also meet any academic, training, or experience requirements of the task opportunity. 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 should also meet any academic, training, or experience requirements of the task chance.
- Other employees (also called unskilled employees) are individuals capable of carrying out common labor whose task needs less than 2 years training or experience, not of a short-lived or seasonal nature. Other workers should also meet any instructional, training, or experience requirements of the job opportunity.
Labor Certification
Third preference petitions are normally accompanied by an a signed Form ETA-9089, Application for Permanent Employment Certification, approved by DOL, or, for labor certification applications submitted on or after June 1, 2023, using DOL's Foreign Labor Application Gateway (FLAG) system, an approved and employment signed Form ETA-9089, Final Determination - Permanent Employment Certification Approval (Final Certification). For additional information, see the Department of Labor's Foreign Labor Certification webpage.
Petitions for Schedule An occupations are not needed to have a certification. This is because DOL has currently determined there are not sufficient U.S. employees for those professions. Currently, DOL has actually designated 2 groups of professions under Schedule A. Group I consists of professional nurses and physical therapists. Group II consists of recipients with exceptional ability in the sciences or arts (consisting of institution of higher learning teachers) and immigrants of exceptional capability in the performing arts. A petition for Schedule A classification must 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. To learn more on Schedule A requirements, see Volume 6, Part E, Chapter 7, of the USCIS Policy Manual.
- The labor accreditation (or application for Schedule A classification) must require at least 2 years of experience or training.
- You should demonstrate that you have satisfied any job requirements specified on the labor accreditation (or application for Schedule A classification). This evidence might include official academic records and letters from present or former companies.
- 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, and a bachelor's degree is the normal requirement for entry into the occupation.
- You must demonstrate that you have fulfilled any task requirements specified on the labor accreditation (or application for Schedule A classification). This proof might include main academic records and letters from current or previous employers.
- Education and experience may not be replacemented for a bachelor's degree.
- The labor accreditation must require less than 2 years training or experience.
- You need to demonstrate that you have actually fulfilled any requirements specified on the labor accreditation.
Immigrant Petition Process
Third preference petitions are submitted utilizing Form I-140, Immigrant Petition for Alien Workers. For information on required supporting paperwork and filing fees, see the Form I-140 website (which includes the Form I-140 guidelines and information about filing charges) and the Petition Filing and Processing Procedures for Form I-140, Immigrant Petition for Alien Workers webpage.