Employment-Based Immigration: Third Preference EB-3
You might be qualified for this immigrant visa preference classification if you are a knowledgeable employee, expert, or other worker.
– Skilled workers are individuals who are capable of performing experienced labor and whose job needs at least 2 years training or experience, not of a short-term or seasonal nature. Skilled employees must likewise satisfy any academic, training, or experience requirements of the job chance. Relevant post-secondary education might be considered as training.
– Professionals are persons who hold a minimum of a U.S. bachelor’s or foreign comparable degree and are a member of the occupations. Their jobs need a minimum of a bachelor’s degree. Professionals should likewise fulfill any academic, training, or experience requirements of the task chance.
– Other workers (also called inexperienced workers) are persons capable of carrying out inexperienced labor whose job needs less than 2 years training or employment experience, not of a temporary or seasonal nature. Other workers must likewise fulfill any academic, 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 submitted 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 Certification Approval (Final Certification). For more details, employment 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 certification. This is due to the fact that DOL has actually currently determined there are not adequate U.S. employees for those professions. Currently, DOL has actually designated 2 groups of occupations under Schedule A. Group I consists of expert nurses and physical therapists. Group II includes beneficiaries with exceptional ability in the sciences or arts (consisting of institution of higher learning instructors) and immigrants of exceptional capability in the carrying out arts. A petition for Schedule A classification should be accompanied by a completed, uncertified Form ETA-9089, consisting of all relevant appendices, a signed Final Determination, and a legitimate 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, employment Chapter 7, of the USCIS Policy Manual.
– The labor certification (or application for Schedule A classification) should require at least 2 years of experience or training.
– You need to show that you have actually met any job requirements defined on the labor certification (or application for Schedule A classification). This proof may include official academic records and letters from current or former companies.
– Relevant post-secondary education might be considered as training.
– The labor accreditation (or application for Schedule A classification) needs to require at least a U.S. bachelor’s or foreign comparable degree, and a bachelor’s degree is the regular requirement for entry into the occupation.
– You must demonstrate that you have fulfilled any job requirements specified on the labor accreditation (or application for employment Schedule A classification). This evidence may consist of main academic records and letters from current or former companies.
– Education and experience may not be substituted for a bachelor’s degree.
– The labor certification must require less than 2 years training or experience.
– You need to demonstrate that you have fulfilled any requirements specified on the labor accreditation.
Immigrant Petition Process
Third choice petitions are filed utilizing Form I-140, Immigrant Petition for Alien Workers. For info on needed supporting documents and filing costs, see the Form I-140 website (which includes the Form I-140 directions and info about filing costs) and the Petition Filing and Processing Procedures for employment Form I-140, Immigrant Petition for Alien Workers webpage.
