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Employment-Based Immigration: Third Preference EB-3

You may be eligible for this immigrant visa choice category if you are a knowledgeable employee, expert, or other worker.

– Skilled employees are persons who can carrying out competent labor and whose job requires at least 2 years training or experience, not of a short-term or seasonal nature. Skilled workers need to also satisfy any academic, training, or experience requirements of the job opportunity. Relevant post-secondary education may be considered 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 require a minimum of a bachelor’s degree. Professionals must also satisfy any instructional, training, or experience requirements of the task opportunity.

– Other employees (likewise called inexperienced employees) are persons capable of performing unskilled work whose job requires less than 2 years training or experience, not of a temporary or seasonal nature. Other employees should also fulfill any academic, training, or experience requirements of the task opportunity.

Labor Certification

Third preference petitions are generally accompanied by an a signed Form ETA-9089, Application for Permanent Employment Certification, authorized by DOL, or, for labor certification applications filed on or after June 1, 2023, utilizing DOL’s Foreign Labor Application Gateway (FLAG) system, an approved and signed Form ETA-9089, Final Determination – Permanent Employment Certification (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 accreditation. This is due to the fact that DOL has actually already identified there are not sufficient U.S. employees for those occupations. Currently, DOL has designated 2 groups of professions under Schedule A. Group I includes expert nurses and physical therapists. Group II consists of beneficiaries with remarkable ability in the sciences or arts (consisting of institution of higher learning instructors) and immigrants of remarkable ability in the carrying out arts. A petition for Schedule A classification must be accompanied by a completed, uncertified Form ETA-9089, consisting of all relevant appendices, a signed Final Determination, and a legitimate dominating 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 accreditation (or application for Schedule A classification) must require at least 2 years of experience or training.

– You should demonstrate that you have actually met any job requirements specified on the labor accreditation (or application for Schedule A classification). This proof might consist of official scholastic records and letters from present or former companies.

– Relevant post-secondary education might be thought about as training.

– The labor referall.us accreditation (or application for Schedule A classification) needs to need 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 satisfied any job requirements specified on the labor certification (or application for Schedule A classification). This proof may include official scholastic records and letters from existing or previous employers.

– Education and experience might not be replacemented for a bachelor’s degree.

– The labor certification must need less than 2 years training or experience.

– You must show that you have actually satisfied any requirements specified on the labor accreditation.

Immigrant Petition Process

Third preference petitions are submitted using Form I-140, Immigrant Petition for Alien Workers. For information on required supporting paperwork and filing charges, see the Form I-140 webpage (that includes the Form I-140 guidelines and information about filing fees) and the Petition Filing and Processing Procedures for Form I-140, Immigrant Petition for Alien Workers website.