Employment-Based Immigration: Third Preference EB-3
You might be qualified for this immigrant visa preference category if you are a skilled employee, expert, or other worker.
– Skilled employees are individuals who can carrying out experienced labor and whose job needs a minimum of 2 years training or experience, not of a short-lived or seasonal nature. Skilled employees need to also fulfill any instructional, training, or experience requirements of the job chance. Relevant post-secondary education may be thought about as training.
– Professionals are individuals who hold at least a U.S. bachelor’s or foreign comparable degree and are a member of the occupations. Their tasks require a minimum of a bachelor’s degree. Professionals must also satisfy any educational, training, or experience requirements of the task chance.
– Other workers (likewise called inexperienced employees) are persons capable of carrying out unskilled labor whose job needs less than 2 years training or experience, not of a short-lived or seasonal nature. Other employees must also meet any academic, training, or experience requirements of the task opportunity.
Labor Certification
Third choice 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 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 web page.
Petitions for Schedule A professions are not needed to have a DOL-approved labor job certification. This is due to the fact that DOL has actually already determined there are not adequate U.S. workers for those occupations. Currently, DOL has designated 2 groups of occupations under Schedule A. Group I consists of professional nurses and physiotherapists. Group II includes recipients with extraordinary capability in the sciences or arts (including college and university teachers) and immigrants of exceptional ability in the carrying out arts. A petition for Schedule A designation needs to be accompanied by a finished, job uncertified Form ETA-9089, consisting of all appropriate 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 info on Schedule A requirements, see Volume 6, Part E, Chapter 7, of the Manual.
– The labor accreditation (or application for Schedule A designation) must require at least 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 designation). This proof may consist of main academic records and letters from existing or previous companies.
– Relevant post-secondary education might be thought about as training.
– The labor certification (or job application for Schedule A classification) must need a minimum of 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 actually met any task requirements defined on the labor certification (or application for Schedule A designation). This evidence may consist of official scholastic records and letters from present or previous companies.
– Education and experience might not be alternatived to a bachelor’s degree.
– The labor accreditation should require less than 2 years training or experience.
– You need to demonstrate that you have met any requirements defined on the labor accreditation.
Immigrant Petition Process
Third preference petitions are submitted using Form I-140, Immigrant Petition for Alien Workers. For details on required supporting documentation and filing charges, see the Form I-140 website (that includes the Form I-140 directions and details about filing charges) and the Petition Filing and Processing Procedures for Form I-140, Immigrant Petition for Alien Workers web page.
