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Employment-Based Immigration: Third Preference EB-3

You might be qualified for this immigrant visa preference classification if you are an experienced employee, expert, or other employee.

- Skilled employees are persons who can carrying out skilled labor and whose job needs at least 2 years training or experience, not of a short-term or seasonal nature. Skilled workers should likewise meet any academic, training, or experience requirements of the task 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 belong to the occupations. Their tasks need a minimum of a bachelor's degree. Professionals must also satisfy any academic, training, or employment experience requirements of the job chance.

- Other (also called inexperienced employees) are individuals capable of carrying out unskilled work whose job requires less than 2 years training or experience, not of a short-lived or seasonal nature. Other workers need to likewise satisfy any educational, training, or experience requirements of the task opportunity.

Labor Certification

Third preference petitions are normally accompanied by an a signed Form ETA-9089, Application for Permanent Employment Certification, approved by DOL, or, employment for labor 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 An occupations are not required to have a DOL-approved labor certification. This is due to the fact that DOL has actually already identified there are not enough U.S. workers for those professions. Currently, DOL has designated 2 groups of professions under Schedule A. Group I includes expert nurses and physiotherapists. Group II includes recipients with extraordinary capability in the sciences or arts (including institution of higher learning teachers) and immigrants of extraordinary capability in the performing arts. A petition for Schedule A designation needs to be accompanied by a finished, uncertified Form ETA-9089, consisting of all suitable appendices, a signed Final Determination, and a legitimate prevailing 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 certification (or application for Schedule A designation) needs to need a minimum of 2 years of experience or training.

- You need to demonstrate that you have satisfied any job requirements specified on the labor employment certification (or application for Schedule A classification). This evidence might consist of main academic records and letters from present or former companies.

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

- The labor certification (or application for Schedule A designation) should require 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 should show that you have met any job requirements defined on the labor certification (or application for Schedule A designation). This evidence might include main scholastic records and letters from current or previous employers.

- Education and experience may not be replacemented for a bachelor's degree.

- The labor accreditation must require less than 2 years training or experience.

- You should demonstrate that you have satisfied any requirements defined on the labor certification.

Immigrant Petition Process

Third preference petitions are filed using Form I-140, Immigrant Petition for employment Alien Workers. For information on needed supporting documents and employment filing charges, see the Form I-140 web page (that includes the Form I-140 directions and employment details about filing fees) and the Petition Filing and Processing Procedures for Form I-140, Immigrant Petition for Alien Workers website.