Employment-Based Immigration: Third Preference EB-3
You may be eligible for this immigrant visa choice classification if you are a skilled employee, professional, or other employee.
- Skilled employees are individuals who can performing competent labor and whose task requires at least 2 years training or experience, not of a short-term or seasonal nature. Skilled workers must likewise satisfy any educational, training, or experience requirements of the job opportunity. Relevant post-secondary education might be thought about as training.
- Professionals are persons who hold a minimum of a U.S. bachelor's or foreign equivalent degree and are a member of the professions. Their tasks require a minimum of a bachelor's degree. Professionals should likewise fulfill any academic, training, or experience requirements of the job chance.
- Other employees (also called unskilled workers) are individuals efficient in carrying out common labor whose task needs less than 2 years training or experience, employment not of a temporary or seasonal nature. Other employees should likewise meet any instructional, training, or experience requirements of the task opportunity.
Labor Certification
Third preference petitions are usually 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, 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 webpage.
Petitions for Schedule A professions are not needed to have a DOL-approved labor accreditation. This is because DOL has actually currently figured out there are not enough U.S. workers for those occupations. Currently, DOL has designated 2 groups of professions under Schedule A. Group I includes expert nurses and physiotherapists. Group II includes recipients with remarkable capability in the sciences or arts (including institution of higher learning teachers) and immigrants of extraordinary capability in the carrying out arts. A petition for Schedule A classification should be accompanied by a finished, uncertified Form ETA-9089, consisting of all appropriate appendices, a signed Final Determination, and a legitimate dominating wage decision tracking number in Section E, Item 1 of the uncertified Form ETA-9089. To find out more on Schedule A requirements, see Volume 6, Part E, Chapter 7, of the Manual.
- The labor certification (or application for Schedule A classification) should require a minimum of 2 years of experience or training.
- You need to demonstrate that you have fulfilled any job requirements specified on the labor certification (or application for Schedule A designation). This evidence may include main scholastic records and letters from current or former employers.
- Relevant post-secondary education may be thought about as training.
- The labor certification (or application for Schedule A classification) must require a minimum of a U.S. bachelor's or foreign comparable degree, and employment a bachelor's degree is the normal requirement for entry into the profession.
- You must show that you have actually met any job requirements specified on the labor certification (or application for Schedule A designation). This proof may consist of official academic records and letters from existing or former employers.
- Education and experience may not be alternatived to a bachelor's degree.
- The labor accreditation must need less than 2 years training or experience.
- You need to show that you have actually met any requirements defined on the labor certification.
Immigrant Petition Process
Third choice petitions are submitted using Form I-140, Immigrant Petition for employment Alien Workers. For details on needed supporting documentation and filing costs, see the Form I-140 web page (which includes the Form I-140 instructions and info about filing fees) and the Petition Filing and Processing Procedures for Form I-140, Immigrant Petition for Alien Workers webpage.