Employment-Based Immigration: Third Preference EB-3
You might be qualified for this immigrant visa preference classification if you are a competent worker, expert, or other worker.
- Skilled employees are persons who are capable of carrying out proficient labor and whose task needs a minimum of 2 years training or experience, not of a temporary or seasonal nature. Skilled workers should likewise satisfy any instructional, training, or experience requirements of the job opportunity. Relevant post-secondary education may be thought about as training.
- Professionals are persons who hold at least a U.S. bachelor's or foreign equivalent degree and belong to the occupations. Their jobs need a minimum of a bachelor's degree. Professionals should also meet any instructional, training, or experience requirements of the task opportunity.
- Other employees (likewise called inexperienced workers) are persons efficient in performing unskilled work whose task requires less than 2 years training or experience, not of a momentary or seasonal nature. Other workers need to also fulfill any instructional, 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, job authorized by DOL, or, for labor accreditation 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 additional information, see the Department of Labor's Foreign Labor Certification website.
Petitions for Schedule A professions are not needed to have a DOL-approved labor accreditation. This is due to the fact that DOL has actually currently identified there are not sufficient U.S. employees for those professions. Currently, DOL has designated 2 groups of professions under Schedule A. Group I consists of expert nurses and physiotherapists. Group II consists of beneficiaries with remarkable ability in the sciences or arts (including institution of higher learning instructors) and immigrants of remarkable ability in the out arts. A petition for Schedule A designation needs to be accompanied by a completed, uncertified Form ETA-9089, consisting of all relevant appendices, a signed Final Determination, and job a legitimate prevailing wage decision tracking number in Section E, job Item 1 of the uncertified Form ETA-9089. For more details on Schedule A requirements, see Volume 6, Part E, Chapter 7, of the USCIS Policy Manual.
- The labor certification (or application for Schedule A designation) needs to require a minimum of 2 years of experience or training.
- You must demonstrate that you have actually met any job requirements specified on the labor certification (or application for Schedule A designation). This evidence might include official scholastic records and letters from present or former companies.
- Relevant post-secondary education might be considered 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 regular requirement for entry into the profession.
- You must demonstrate that you have actually satisfied any job requirements specified on the labor accreditation (or application for Schedule A designation). This evidence may consist of official academic records and letters from existing or previous companies.
- Education and experience may not be substituted for a bachelor's degree.
- The labor job certification need to require less than 2 years training or experience.
- You need to show that you have fulfilled any requirements defined on the labor certification.
Immigrant Petition Process
Third preference petitions are filed using Form I-140, Immigrant Petition for Alien Workers. For details on required supporting documentation and filing fees, see the Form I-140 webpage (that includes the Form I-140 directions and info about filing fees) and the Petition Filing and Processing Procedures for Form I-140, Immigrant Petition for Alien Workers web page.