Employment-Based Immigration: Third Preference EB-3

You might be eligible for this immigrant visa choice category if you are a proficient employee, professional, or other employee.

– Skilled workers are persons who can performing competent labor and whose job requires at least 2 years training or experience, not of a short-term or seasonal nature. Skilled workers need to likewise fulfill any academic, training, or experience requirements of the job chance. Relevant post-secondary education may be thought about as training.

– Professionals are individuals who hold a minimum of a U.S. bachelor’s or foreign equivalent degree and job belong to the professions. Their tasks need a minimum of a bachelor’s degree. Professionals must likewise fulfill any academic, training, or experience requirements of the job chance.

– Other employees (also called unskilled employees) are persons efficient in performing common labor whose task needs less than 2 years training or experience, not of a short-term or seasonal nature. Other employees need to also fulfill any instructional, training, or experience requirements of the task opportunity.

Labor Certification

Third choice petitions are generally accompanied by an a signed Form ETA-9089, Application for job Permanent Employment Certification, approved by DOL, or, for labor certification applications submitted on or after June 1, 2023, using DOL’s Foreign Labor Application Gateway (FLAG) system, an authorized and job signed Form ETA-9089, Final Determination – Permanent Employment Certification Approval (Final Certification). To find out more, see the Department of Labor’s Foreign Labor Certification web page.

Petitions for Schedule A professions are not required to have a DOL-approved labor certification. This is because DOL has already identified there are not adequate U.S. workers for those professions. 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 remarkable capability in the sciences or arts (including college and university teachers) and immigrants of remarkable capability in the carrying out arts. A petition for Schedule A designation should be accompanied by a finished, uncertified Form ETA-9089, consisting of all appendices, a signed Final Determination, and a legitimate prevailing wage decision tracking number in Section E, Item 1 of the uncertified Form ETA-9089. For more info on Schedule A requirements, see Volume 6, Part E, Chapter 7, of the USCIS Policy Manual.

– The labor accreditation (or application for job Schedule A designation) should need at least 2 years of experience or training.

– You need to demonstrate that you have satisfied any task requirements defined on the labor certification (or application for Schedule A classification). This evidence might consist of main scholastic records and letters from current or previous employers.

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

– The labor certification (or application for Schedule A classification) should require 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 must show that you have met any job requirements specified on the labor accreditation (or application for Schedule A designation). This evidence might include official academic records and job letters from existing or former companies.

– Education and experience may not be replacemented for a bachelor’s degree.

– The labor certification should need less than 2 years training or experience.

– You must show that you have satisfied any requirements defined on the labor certification.

Immigrant Petition Process

Third choice petitions are submitted using Form I-140, Immigrant Petition for Alien Workers. For job information on needed supporting documentation and filing costs, see the Form I-140 web page (which consists of the Form I-140 guidelines and details about filing costs) and the Petition Filing and Processing Procedures for Form I-140, Immigrant Petition for Alien Workers webpage.