Employment-Based Immigration: Third Preference EB-3

You may be eligible for this immigrant visa preference category if you are an experienced employee, professional, or other employee.

– Skilled workers are persons who can performing knowledgeable labor and whose task requires a minimum of 2 years training or experience, not of a momentary or seasonal nature. Skilled workers should also fulfill any instructional, training, or experience requirements of the task opportunity. 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 professions. Their jobs require a minimum of a bachelor’s degree. Professionals should likewise satisfy any educational, training, or experience requirements of the job opportunity.

– Other workers (also called unskilled employees) are persons capable of carrying out inexperienced labor whose task requires less than 2 years training or experience, not of a short-lived or seasonal nature. Other workers must also meet any instructional, training, or experience requirements of the task chance.

Labor Certification

Third preference petitions are normally accompanied by an a signed Form ETA-9089, Application for Permanent Employment Certification, approved by DOL, or, for labor employment certification applications submitted on or after June 1, 2023, utilizing 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 web page.

Petitions for Schedule A professions are not needed to have a DOL-approved labor certification. This is due to the fact that DOL has already figured out there are not enough U.S. workers for those occupations. Currently, DOL has designated 2 groups of occupations under Schedule A. Group I consists of expert nurses and physiotherapists. Group II consists of beneficiaries with extraordinary capability in the sciences or arts (consisting of institution of higher learning teachers) and immigrants of extraordinary ability in the carrying out arts. A petition for Schedule A classification needs to be accompanied by a completed, uncertified Form ETA-9089, including all appropriate appendices, a signed Final Determination, employment and a valid prevailing wage determination tracking number in Section E, Item 1 of the uncertified Form ETA-9089. To find out more on Schedule A requirements, see Volume 6, Part E, Chapter 7, of the USCIS Policy Manual.

– The labor certification (or employment application for Schedule A designation) needs to need a minimum of 2 years of experience or .

– You must demonstrate that you have actually met any job requirements specified on the labor certification (or application for Schedule A classification). This evidence may consist of main scholastic records and letters from existing or former employers.

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

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

– You need to demonstrate that you have satisfied any task requirements specified on the labor accreditation (or application for Schedule A designation). This proof may consist of official scholastic records and letters from existing or former employers.

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

– The labor certification 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 preference petitions are submitted utilizing Form I-140, Immigrant Petition for Alien Workers. For employment info on required supporting paperwork and filing costs, employment see the Form I-140 web page (which consists of 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.