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Employment-Based Immigration: Third Preference EB-3

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

– Skilled workers are individuals who are capable of carrying out competent labor and whose job needs at least 2 years training or experience, not of a temporary or seasonal nature. Skilled employees must likewise satisfy any educational, training, or experience requirements of the task opportunity. 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 professions. Their jobs require a minimum of a bachelor’s degree. Professionals must also satisfy any academic, training, or experience requirements of the job chance.

– Other workers (also called unskilled employees) are persons capable of performing unskilled labor whose task needs less than 2 years training or experience, not of a temporary or seasonal nature. Other employees need to also satisfy any educational, 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, authorized 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 more details, 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 since DOL has currently identified there are not enough U.S. workers for those occupations. Currently, DOL has designated 2 groups of professions under Schedule A. Group I consists of professional nurses and physiotherapists. Group II consists of beneficiaries with remarkable capability in the or arts (consisting of college and university instructors) and immigrants of exceptional ability in the performing arts. A petition for Schedule A designation must be accompanied by a completed, uncertified Form ETA-9089, employment including all applicable 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 more details on Schedule A requirements, see Volume 6, Part E, Chapter 7, of the USCIS Policy Manual.

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

– You need to show that you have satisfied any task requirements defined on the labor certification (or application for Schedule A classification). This proof might include official academic records and letters from current or former companies.

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

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

– You must demonstrate that you have fulfilled any task requirements defined on the labor accreditation (or application for Schedule A classification). This evidence may include official academic records and letters from current or former employers.

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

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

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

Immigrant Petition Process

Third preference petitions are filed utilizing Form I-140, Immigrant Petition for Alien Workers. For info on needed supporting documentation and filing charges, employment see the Form I-140 web page (which consists of the Form I-140 guidelines and information about filing costs) and the Petition Filing and Processing Procedures for Form I-140, Immigrant Petition for Alien Workers webpage.