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Employment-Based Immigration: Third Preference EB-3

You may be eligible for this immigrant visa choice classification if you are a proficient worker, expert, or employment other employee.

– Skilled employees are persons who are capable of carrying out proficient labor and whose task needs a minimum of 2 years training or experience, not of a momentary or seasonal nature. Skilled workers should also fulfill any academic, training, or experience requirements of the job opportunity. Relevant post-secondary education may be thought about as training.

– Professionals are individuals who hold a minimum of a U.S. bachelor’s or foreign equivalent degree and belong to the professions. Their jobs require a minimum of a bachelor’s degree. Professionals must also fulfill any academic, training, or experience requirements of the job chance.

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

Labor Certification

Third choice petitions are normally 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, 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 certification. This is because DOL has actually currently determined there are not adequate U.S. workers for those occupations. Currently, DOL has actually designated 2 groups of occupations under Schedule A. Group I includes professional nurses and physical therapists. Group II includes recipients with extraordinary capability in the sciences or arts (consisting of institution of higher learning instructors) and immigrants of exceptional capability in the performing arts. A petition for Schedule A classification needs to be accompanied by a finished, uncertified Form ETA-9089, including all applicable appendices, employment a signed Final Determination, and a wage determination 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, employment of the USCIS Policy Manual.

– The labor employment accreditation (or application for Schedule A designation) should need at least 2 years of experience or training.

– You should show that you have satisfied any job requirements specified on the labor certification (or employment application for Schedule A classification). This evidence may include main academic records and letters from current or employment previous employers.

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

– The labor certification (or employment application for Schedule A classification) should need at least a U.S. bachelor’s or foreign comparable degree, and a bachelor’s degree is the typical requirement for entry into the profession.

– You need to show that you have actually met any task requirements specified on the labor accreditation (or application for Schedule A classification). This proof might include main scholastic records and letters from existing or former companies.

– Education and experience might not be alternatived to a bachelor’s degree.

– The labor certification must require less than 2 years training or experience.

– You must demonstrate that you have fulfilled any requirements specified on the labor certification.

Immigrant Petition Process

Third choice petitions are filed using Form I-140, Immigrant Petition for Alien Workers. For details on required supporting documentation and filing charges, see the Form I-140 webpage (which consists of the Form I-140 directions and info about filing charges) and the Petition Filing and Processing Procedures for Form I-140, Immigrant Petition for Alien Workers website.