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Opened Feb 10, 2025 by Allan Vandermark@allanvandermar
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Employment-Based Immigration: Third Preference EB-3


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

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

Third preference petitions are typically accompanied by an a signed Form ETA-9089, Application for Permanent Employment Certification, authorized by DOL, or, for labor accreditation applications filed on or after June 1, 2023, using DOL's Foreign Labor Application Gateway (FLAG) system, an approved and signed Form ETA-9089, Final Determination - Permanent Employment Certification Approval (Final Certification). For more details, 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 due to the fact that DOL has actually currently determined there are not sufficient U.S. employees for those occupations. Currently, DOL has designated 2 groups of occupations under Schedule A. Group I consists of and physical therapists. Group II includes recipients with extraordinary ability in the sciences or arts (including institution of higher learning instructors) and immigrants of remarkable ability in the carrying out arts. A petition for Schedule A classification should be accompanied by a completed, uncertified Form ETA-9089, including all applicable appendices, a signed Final Determination, and a valid prevailing wage decision tracking number in Section E, Item 1 of the uncertified Form ETA-9089. For more information on Schedule A requirements, see Volume 6, Part E, Chapter 7, of the USCIS Policy Manual.

- The labor accreditation (or application for Schedule A designation) should require at least 2 years of experience or training.
- You should demonstrate that you have actually met any job requirements specified on the labor certification (or application for Schedule A classification). This proof may consist of official scholastic records and letters from present or former companies.
- Relevant post-secondary education may be thought about as training.

  • The labor accreditation (or application for Schedule A designation) should need at least a U.S. bachelor's or foreign equivalent degree, and a bachelor's degree is the regular requirement for entry into the profession.
    - You need to demonstrate that you have fulfilled any job requirements specified on the labor certification (or application for Schedule A classification). This evidence might include official scholastic records and letters from current or former companies.
    - Education and experience might not be replacemented for a bachelor's degree.

- The labor accreditation need to need less than 2 years training or experience.
- You must show that you have satisfied any requirements specified on the labor certification.
Immigrant Petition Process

Third preference petitions are submitted using Form I-140, Immigrant Petition for Alien Workers. For information on needed supporting documents and filing costs, see the Form I-140 website (that includes the Form I-140 directions and details about filing costs) and the Petition Filing and Processing Procedures for Form I-140, Immigrant Petition for Alien Workers website.
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Reference: allanvandermar/infosernt#27