Employment-Based Immigration: Third Preference EB-3

You may be eligible for this immigrant visa choice category if you are an experienced worker, professional, or other employee.

– Skilled workers are persons who can carrying out knowledgeable labor and whose task needs at least 2 years training or experience, not of a temporary or seasonal nature. Skilled employees should likewise meet any educational, training, or experience requirements of the task chance. 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 belong to the occupations. Their jobs need a minimum of a bachelor’s degree. Professionals should likewise meet any academic, training, employment or experience requirements of the task opportunity.

– Other employees (likewise called inexperienced workers) are individuals efficient in performing common labor whose job needs less than 2 years training or experience, not of a momentary or seasonal nature. Other employees need to also satisfy any academic, employment training, or experience requirements of the task chance.

Labor Certification

Third choice petitions are usually 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, 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 employment Certification web page.

Petitions for Schedule A professions are not needed to have a DOL-approved labor accreditation. This is due to the fact that DOL has currently determined there are not enough U.S. employees for those professions. Currently, DOL has designated 2 groups of occupations under Schedule A. Group I consists of professional nurses and physical therapists. Group II includes recipients with extraordinary capability in the sciences or arts ( of higher learning teachers) and immigrants of remarkable ability in the carrying out arts. A petition for Schedule A designation needs to be accompanied by a finished, uncertified Form ETA-9089, including all applicable 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, employment Chapter 7, of the USCIS Policy Manual.

– The labor accreditation (or application for Schedule A designation) needs to require at least 2 years of experience or training.

– You need to demonstrate that you have actually met any job requirements defined on the labor certification (or application for Schedule A classification). This proof may include official scholastic records and letters from current or previous employers.

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

– The labor certification (or application for Schedule A classification) needs to require at least a U.S. bachelor’s or foreign equivalent degree, and employment a bachelor’s degree is the regular requirement for entry into the occupation.

– You must show that you have met any job requirements specified on the labor accreditation (or application for Schedule A classification). This evidence may consist of main scholastic records and letters from current or former employers.

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

– The labor accreditation must need less than 2 years training or experience.

– You should demonstrate that you have satisfied any requirements specified on the labor accreditation.

Immigrant Petition Process

Third preference petitions are filed using Form I-140, Immigrant Petition for Alien Workers. For information on required supporting documentation and filing fees, see the Form I-140 website (that includes the Form I-140 guidelines and info about filing fees) and the Petition Filing and Processing Procedures for Form I-140, Immigrant Petition for Alien Workers website.