Employment-Based Immigration: Third Preference EB-3
You may be qualified for this immigrant visa choice classification if you are a proficient worker, expert, or other employee.
- Skilled workers are individuals who are capable of performing experienced labor and whose task requires a minimum of 2 years training or experience, employment not of a short-term or employment seasonal nature. Skilled employees should likewise meet any instructional, training, or employment experience requirements of the job opportunity. Relevant post-secondary education might be thought about as training.
- Professionals are persons who hold a minimum of a U.S. bachelor's or foreign comparable degree and belong to the professions. Their jobs need a minimum of a bachelor's degree. Professionals must also meet any academic, training, or of the task chance.
- Other employees (also called inexperienced employees) are persons capable of carrying out common labor whose task needs less than 2 years training or experience, not of a temporary or seasonal nature. Other workers must likewise fulfill any educational, training, or experience requirements of the job 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 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). To find out more, see the Department of Labor's Foreign Labor Certification website.
Petitions for Schedule A professions are not needed to have a DOL-approved labor certification. This is due to the fact that DOL has currently identified there are not sufficient U.S. workers for those occupations. Currently, DOL has actually designated 2 groups of professions under Schedule A. Group I includes expert nurses and physiotherapists. Group II includes beneficiaries with exceptional ability in the sciences or arts (including institution of higher learning teachers) and immigrants of exceptional capability in the performing arts. A petition for Schedule A classification should be accompanied by a finished, employment uncertified Form ETA-9089, consisting of all suitable appendices, a signed Final Determination, and a legitimate prevailing wage determination tracking number in Section E, 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 classification) needs to require a minimum of 2 years of experience or training.
- You must show that you have actually met any task requirements specified on the labor certification (or application for Schedule A designation). This proof might include official scholastic records and letters from current or previous companies.
- Relevant post-secondary education may be considered as training.
- The labor accreditation (or application for Schedule A designation) needs to require a minimum of a U.S. bachelor's or foreign comparable degree, and a bachelor's degree is the normal requirement for entry into the occupation.
- You need to demonstrate that you have actually satisfied any job requirements defined on the labor accreditation (or application for Schedule A classification). This proof may consist of official scholastic records and letters from existing or former employers.
- Education and experience might not be alternatived to a bachelor's degree.
- The labor certification must need less than 2 years training or experience.
- You should demonstrate that you have actually satisfied any requirements defined on the labor certification.
Immigrant Petition Process
Third preference petitions are submitted utilizing Form I-140, Immigrant Petition for Alien Workers. For employment information on needed supporting documentation and filing costs, see the Form I-140 website (that includes the Form I-140 guidelines and details about filing costs) and the Petition Filing and Processing Procedures for Form I-140, Immigrant Petition for Alien Workers website.