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Employment-Based Immigration: Third Preference EB-3

You may be qualified for this immigrant visa preference category if you are a proficient employee, expert, or other worker.

- Skilled workers are persons who are capable of carrying out knowledgeable labor and whose job needs a minimum of 2 years training or employment experience, not of a momentary or seasonal nature. Skilled workers must likewise satisfy any instructional, training, or experience requirements of the task opportunity. Relevant post-secondary education might be considered as training.

- Professionals are individuals who hold at least a U.S. bachelor's or foreign comparable degree and belong to the occupations. Their tasks require a minimum of a bachelor's degree. Professionals must also meet any instructional, training, or experience requirements of the job chance.

- Other workers (also called inexperienced employees) are persons efficient in carrying out unskilled work whose job requires less than 2 years training or experience, not of a momentary or seasonal nature. Other employees should likewise satisfy any academic, training, or experience requirements of the task chance.

Labor Certification

Third choice petitions are generally accompanied by an a signed Form ETA-9089, Application for Permanent Employment Certification, authorized by DOL, or, for labor certification applications filed on or after June 1, employment 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 additional information, see the Department of Labor's Foreign Labor Certification website.

Petitions for Schedule An occupations are not required to have a DOL-approved labor accreditation. This is because DOL has actually already identified there are not adequate U.S. employees for those professions. Currently, DOL has designated 2 groups of professions under Schedule A. Group I consists of professional nurses and physical therapists. Group II includes recipients with remarkable capability in the sciences or arts (including institution of higher learning instructors) and immigrants of remarkable ability in the carrying out arts. A petition for Schedule A designation must be accompanied by a finished, uncertified Form ETA-9089, including all applicable appendices, a signed Final Determination, and employment a legitimate dominating wage decision 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 accreditation (or application for Schedule A designation) must require a minimum of 2 years of experience or training.

- You must show that you have actually satisfied any task requirements defined on the labor accreditation (or application for Schedule A designation). This evidence may include main academic records and letters from present or former employers.

- Relevant post-secondary education might be thought about as training.

- The labor certification (or application for Schedule A designation) should need at least a U.S. bachelor's or foreign comparable degree, and a is the typical requirement for entry into the profession.

- You should demonstrate that you have actually satisfied any job requirements defined on the labor certification (or employment application for Schedule A classification). This evidence might include official scholastic records and letters from present or previous employers.

- Education and experience may not be alternatived to a bachelor's degree.

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

- You need to show 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 required supporting paperwork and filing fees, see the Form I-140 web page (which consists of the Form I-140 directions and info about filing charges) and the Petition Filing and Processing Procedures for Form I-140, Immigrant Petition for Alien Workers web page.