Employment-Based Immigration: Third Preference EB-3

You might be qualified for this preference classification if you are a competent worker, professional, or other employee.

– Skilled employees are individuals who are capable of performing skilled labor and whose task requires at least 2 years training or experience, job not of a momentary or seasonal nature. Skilled workers should likewise fulfill any instructional, training, job or experience requirements of the job opportunity. Relevant post-secondary education might be thought about 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 need a minimum of a bachelor’s degree. Professionals should likewise satisfy any instructional, training, or job experience requirements of the task opportunity.

– Other employees (also called inexperienced workers) are persons capable of performing inexperienced labor whose job needs less than 2 years training or experience, not of a momentary or seasonal nature. Other employees must likewise fulfill any educational, training, or experience requirements of the job opportunity.

Labor Certification

Third choice petitions are normally accompanied by an a signed Form ETA-9089, Application for Permanent Employment Certification, authorized by DOL, or, for labor accreditation applications filed 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). To learn more, see the Department of Labor’s Foreign Labor Certification website.

Petitions for Schedule An occupations are not needed to have a DOL-approved labor accreditation. This is because DOL has currently figured out there are not enough U.S. employees for those professions. Currently, DOL has designated 2 groups of professions under Schedule A. Group I includes professional nurses and physiotherapists. Group II includes beneficiaries with extraordinary ability in the sciences or arts (consisting of college and university instructors) and immigrants of extraordinary capability in the performing arts. A petition for Schedule A classification 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) should require at least 2 years of experience or training.

– You must demonstrate that you have met any task requirements specified on the labor job certification (or application for Schedule A classification). This proof may consist of official scholastic records and letters from existing or previous employers.

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

– The labor certification (or application for Schedule A designation) needs to need at least 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 actually met any task requirements defined on the labor accreditation (or application for Schedule A designation). This evidence might consist of main academic records and letters from present or previous employers.

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

– The labor accreditation should require less than 2 years training or experience.

– You should show that you have actually met any requirements specified on the labor certification.

Immigrant Petition Process

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