Employment-Based Immigration: Third Preference EB-3

You might be eligible for this immigrant visa preference category if you are an experienced worker, professional, or other worker.

– Skilled workers are individuals who can out knowledgeable labor and whose task needs at least 2 years training or experience, not of a short-term or seasonal nature. Skilled employees must also meet any educational, training, or experience requirements of the job | request opportunity. Relevant post-secondary education might be thought about as training.

– Professionals are individuals who hold a minimum of 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 need to likewise fulfill any academic, training, or experience requirements of the task chance.

– Other employees (also called unskilled workers) are individuals capable of carrying out common labor whose task needs less than 2 years training or experience, not of a short-term or seasonal nature. Other workers need to likewise fulfill any instructional, training, or experience requirements of the job | request opportunity.

Labor Certification

Third preference petitions are generally accompanied by an a signed Form ETA-9089, Application for Permanent Employment Certification, approved by DOL, or, for labor accreditation applications filed on or after June 1, 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 needed to have a DOL-approved labor accreditation. This is since DOL has 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 includes expert nurses and physiotherapists. Group II includes beneficiaries with exceptional ability in the sciences or arts (consisting of institution of higher learning teachers) and immigrants of extraordinary capability in the performing arts. A petition for Schedule A classification must be accompanied by a completed, uncertified Form ETA-9089, including all relevant appendices, a signed Final Determination, and a valid prevailing wage determination tracking number in Section E, Item 1 of the uncertified Form ETA-9089. For additional information on Schedule A requirements, see Volume 6, Part E, Chapter 7, employment of the USCIS Policy Manual.

– The labor accreditation (or application for Schedule A classification) must need a minimum of 2 years of experience or training.

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

– Relevant post-secondary education may be thought about as training.

– The labor accreditation (or application for Schedule A designation) needs to require at least a U.S. bachelor’s or foreign comparable degree, and a bachelor’s degree is the typical requirement for entry into the occupation.

– You should demonstrate that you have actually met any job | request requirements defined on the labor certification (or application for Schedule A classification). This evidence may include official academic records and letters from existing or former 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 must show that you have satisfied any requirements specified on the labor certification.

Immigrant Petition Process

Third preference petitions are submitted using Form I-140, Immigrant Petition for Alien Workers. For info on needed supporting paperwork and filing fees, see the Form I-140 webpage (which includes the Form I-140 guidelines and employment information about filing charges) and the Petition Filing and Processing Procedures for Form I-140, employment Immigrant Petition for employment Alien Workers webpage.