Employment-Based Immigration: Third Preference EB-3

You might be qualified for this immigrant visa choice classification if you are an employee, professional, or other worker.

– Skilled employees are persons who can carrying out experienced labor and whose task requires at least 2 years training or experience, not of a short-term or seasonal nature. Skilled workers must also satisfy any academic, training, or experience requirements of the task chance. 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 equivalent degree and belong to the occupations. Their jobs require a minimum of a bachelor’s degree. Professionals should also meet any educational, training, or experience requirements of the job opportunity.

– Other employees (also called inexperienced employees) are persons capable of carrying out unskilled labor whose job requires less than 2 years training or experience, not of a temporary or employment seasonal nature. Other employees need to also fulfill any educational, training, or experience requirements of the task chance.

Labor Certification

Third preference petitions are generally accompanied by an a signed Form ETA-9089, Application for Permanent Employment Certification, approved by DOL, or, for labor certification applications filed on or after June 1, 2023, employment using DOL’s Foreign Labor Application Gateway (FLAG) system, an authorized 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 website.

Petitions for Schedule A professions are not needed to have a DOL-approved labor accreditation. This is since DOL has already 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 consists of expert nurses and physiotherapists. Group II includes beneficiaries with extraordinary capability in the sciences or arts (including institution of higher learning instructors) and immigrants of remarkable 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 relevant appendices, a signed Final Determination, and a legitimate dominating wage decision tracking number in Section E, Item 1 of the uncertified Form ETA-9089. To find out more on Schedule A requirements, see Volume 6, employment Part E, Chapter 7, of the USCIS Policy Manual.

– The labor certification (or application for Schedule A designation) should require a minimum of 2 years of experience or training.

– You must demonstrate that you have satisfied any task requirements specified on the labor certification (or application for Schedule A classification). This proof may consist of official scholastic records and letters from existing or former companies.

– Relevant post-secondary education may be considered as training.

– The labor accreditation (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 regular requirement for entry into the occupation.

– You should demonstrate that you have met any task requirements defined on the labor accreditation (or application for Schedule A classification). This evidence might consist of main scholastic records and letters from existing or previous companies.

– Education and experience may not be substituted for a bachelor’s degree.

– The labor accreditation should require less than 2 years training or experience.

– You should demonstrate that you have met any requirements defined on the labor accreditation.

Immigrant Petition Process

Third choice petitions are filed utilizing Form I-140, Immigrant Petition for Alien Workers. For details on needed supporting paperwork and filing costs, see the Form I-140 web page (which consists of the Form I-140 directions and details about filing fees) and the Petition Filing and Processing Procedures for Form I-140, Immigrant Petition for Alien Workers web page.