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Employment-Based Immigration: Third Preference EB-3

You may be qualified for this immigrant visa choice classification if you are a skilled worker, expert, or other employee.

- Skilled workers are individuals who are capable of carrying out proficient labor and whose job requires at least 2 years training or experience, not of a short-term or seasonal nature. Skilled employees should likewise satisfy any academic, training, employment or experience requirements of the task chance. Relevant post-secondary education may be considered as training.

- Professionals are individuals who hold at least a U.S. bachelor's or foreign comparable degree and employment belong to the occupations. Their jobs require a minimum of a bachelor's degree. Professionals should likewise meet any academic, training, or experience requirements of the job opportunity.

- Other employees (likewise called inexperienced workers) are individuals capable of performing common labor whose task requires less than 2 years training or experience, not of a momentary or seasonal nature. Other workers must also meet any academic, training, or experience requirements of the task opportunity.

Labor Certification

Third preference petitions are typically accompanied by an a signed Form ETA-9089, Application for Permanent Employment Certification, approved by DOL, employment or, for labor employment accreditation applications filed on or after June 1, employment 2023, utilizing 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 An occupations are not needed to have a DOL-approved labor accreditation. This is since DOL has currently identified there are not enough U.S. employees for those occupations. Currently, DOL has designated 2 groups of occupations under Schedule A. Group I consists of professional nurses and physical therapists. Group II includes beneficiaries with extraordinary capability in the sciences or arts (consisting of institution of higher learning teachers) and immigrants of remarkable capability in the carrying out arts. A petition for Schedule A classification must be accompanied by a completed, uncertified Form ETA-9089, including all suitable appendices, a signed Final Determination, and a valid prevailing wage decision 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, Chapter 7, of the USCIS Policy Manual.

- The labor certification (or application for Schedule A classification) needs to require at least 2 years of experience or training.

- You should demonstrate that you have fulfilled any job requirements defined on the labor certification (or employment application for Schedule A designation). This proof may consist of official academic records and letters from current or previous employers.

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

- The labor certification (or employment application for Schedule A designation) should 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 should demonstrate that you have satisfied any task requirements specified on the labor certification (or application for Schedule A classification). This evidence may include official academic records and from existing or former employers.

- Education and experience might not be replaced for a bachelor's degree.

- The labor certification need to require less than 2 years training or experience.

- You must demonstrate that you have met any requirements specified on the labor certification.

Immigrant Petition Process

Third choice petitions are submitted utilizing Form I-140, Immigrant Petition for Alien Workers. For info on needed supporting documents and filing charges, see the Form I-140 webpage (that includes the Form I-140 directions and information about filing fees) and the Petition Filing and Processing Procedures for Form I-140, Immigrant Petition for Alien Workers web page.

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