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Employment-Based Immigration: Third Preference EB-3

You might be qualified for this immigrant visa preference category if you are a competent worker, expert, or other worker.

– Skilled employees are individuals who are capable of performing proficient labor and whose job needs a minimum of 2 years training or experience, not of a temporary or seasonal nature. Skilled workers should also fulfill any instructional, training, or experience requirements of the task chance. Relevant post-secondary education may be considered 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 require a minimum of a bachelor’s degree. Professionals need to also meet any academic, training, or experience requirements of the job opportunity.

– Other employees (also called unskilled employees) are individuals capable of carrying out common labor whose task requires less than 2 years training or experience, not of a short-term or seasonal nature. Other workers should likewise meet 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 filed 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). To find out more, see the Department of Labor’s Foreign Labor Certification web page.

Petitions for Schedule An occupations are not needed to have a DOL-approved labor accreditation. This is due to the fact that DOL has already determined there are not adequate U.S. workers for those professions. Currently, DOL has actually designated 2 groups of occupations under Schedule A. Group I consists of professional nurses and physical therapists. Group II consists of beneficiaries with extraordinary capability in the sciences or arts (including institution of higher learning instructors) and immigrants of extraordinary ability in the carrying out arts. A petition for Schedule A designation should be accompanied by a finished, uncertified Form ETA-9089, including all appropriate appendices, a signed Final Determination, and a legitimate dominating 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, of the USCIS Policy Manual.

– The labor accreditation (or application for referall.us Schedule A classification) must need at least 2 years of experience or training.

– You must demonstrate that you have met any job requirements specified on the labor certification (or application for Schedule A classification). This evidence might include official academic records and letters from existing or previous companies.

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

– The labor accreditation (or application for Schedule A classification) needs to 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 job requirements defined on the labor accreditation (or application for Schedule A designation). This evidence may of main scholastic records and letters from current or former employers.

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

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

– You need to demonstrate that you have met any requirements defined on the labor accreditation.

Immigrant Petition Process

Third choice petitions are filed utilizing Form I-140, Immigrant Petition for Alien Workers. For info on required supporting documents and filing costs, see the Form I-140 webpage (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 web page.

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