Employment-Based Immigration: Third Preference EB-3
You might be eligible for this immigrant visa preference category if you are an experienced worker, professional, or other worker.
– Skilled workers are individuals who can performing competent labor and whose task requires at least 2 years training or experience, not of a short-term or seasonal nature. Skilled employees need to also fulfill any educational, training, or experience requirements of the task chance. Relevant post-secondary education may be considered as training.
– Professionals are individuals who hold a minimum of a U.S. bachelor’s or foreign equivalent degree and belong to the professions. Their tasks need a minimum of a bachelor’s degree. Professionals need to also satisfy any academic, training, or experience requirements of the job opportunity.
– Other employees (likewise called unskilled workers) are individuals capable of carrying out unskilled work whose job requires less than 2 years training or experience, not of a short-term or seasonal nature. Other workers should also satisfy any academic, training, or experience requirements of the job opportunity.
Labor Certification
Third preference petitions are usually accompanied by an a signed Form ETA-9089, Application for Permanent Employment Certification, approved by DOL, or, for labor certification applications submitted on or job 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 learn more, see the Department of Labor’s Foreign Labor Certification web page.
Petitions for Schedule An occupations are not required to have a DOL-approved labor accreditation. This is due to the fact that DOL has currently determined 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 physical therapists. Group II consists of recipients with extraordinary capability in the sciences or arts (consisting of college and university instructors) and immigrants of extraordinary ability in the carrying out arts. A petition for Schedule A designation must be accompanied by a completed, uncertified Form ETA-9089, consisting of all suitable appendices, a signed Final Determination, and a valid prevailing wage determination 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 designation) needs to require a minimum of 2 years of experience or training.
– You should show that you have satisfied any job requirements defined on the labor certification (or application for Schedule A designation). This proof might include official scholastic records and job letters from existing or previous companies.
– Relevant post-secondary education might be thought about as training.
– The labor certification (or application for Schedule A designation) should need a minimum of a U.S. bachelor’s or foreign equivalent degree, and a bachelor’s degree is the typical requirement for entry into the occupation.
– You need to demonstrate that you have actually met any job requirements specified on the labor certification (or application for job Schedule A classification). This proof might include official scholastic records and letters from present or former employers.
– Education and experience may not be alternatived to a bachelor’s degree.
– The labor certification need to need less than 2 years training or .
– You must show that you have satisfied any requirements specified on the labor accreditation.
Immigrant Petition Process
Third preference petitions are filed utilizing Form I-140, Immigrant Petition for Alien Workers. For info on required supporting paperwork and filing charges, see the Form I-140 web page (which includes the Form I-140 instructions and job details about filing charges) and the Petition Filing and Processing Procedures for Form I-140, Immigrant Petition for Alien Workers webpage.