Employment-Based Immigration: Third Preference EB-3
You might be eligible for this immigrant visa preference if you are a skilled employee, professional, or other employee.
- Skilled workers are persons who can carrying out skilled labor and whose task needs at least 2 years training or experience, not of a temporary or seasonal nature. Skilled workers should likewise satisfy any academic, training, or experience requirements of the job 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 are a member of the occupations. Their jobs need a minimum of a bachelor's degree. Professionals should likewise meet any educational, training, or experience requirements of the task chance.
- Other workers (also called inexperienced workers) are individuals capable of performing common labor whose job requires less than 2 years training or experience, not of a short-lived or seasonal nature. Other employees must likewise satisfy any academic, training, or experience requirements of the task chance.
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 certification applications submitted on or after June 1, 2023, using DOL's Foreign Labor Application Gateway (FLAG) system, an authorized and signed Form ETA-9089, Final Determination - Permanent Employment Certification Approval (Final Certification). For more details, see the Department of Labor's Foreign Labor employment Certification webpage.
Petitions for Schedule A professions are not required to have a DOL-approved labor accreditation. This is due to the fact that DOL has actually already figured out there are not adequate U.S. workers for those occupations. Currently, DOL has designated 2 groups of professions under Schedule A. Group I consists of professional nurses and physical therapists. Group II includes recipients with exceptional capability in the sciences or arts (consisting of institution of higher learning instructors) and immigrants of remarkable ability in the carrying out arts. A petition for Schedule A designation must be accompanied by a finished, uncertified Form ETA-9089, consisting of all appropriate 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 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 classification) must need at least 2 years of experience or training.
- You should show that you have actually fulfilled any task requirements specified on the labor accreditation (or application for Schedule A classification). This evidence might include main scholastic records and letters from current or previous companies.
- Relevant post-secondary education may be thought about as training.
- The labor certification (or application for Schedule A classification) should require at least a U.S. bachelor's or foreign comparable degree, and a bachelor's degree is the normal requirement for entry into the profession.
- You should show that you have actually fulfilled any job requirements defined on the labor accreditation (or application for Schedule A designation). This proof may consist of official academic records and letters from present or former companies.
- Education and experience may not be substituted for a bachelor's degree.
- The labor accreditation should need less than 2 years training or experience.
- You must demonstrate that you have actually fulfilled any requirements defined on the labor accreditation.
Immigrant Petition Process
Third choice petitions are submitted utilizing Form I-140, Immigrant Petition for Alien Workers. For information on required supporting documents and filing charges, see the Form I-140 web page (which includes the Form I-140 directions and info about filing fees) and the Petition Filing and Processing Procedures for Form I-140, Immigrant Petition for Alien Workers webpage.