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Employment-Based Immigration: Third Preference EB-3
You may be qualified for this immigrant visa preference classification if you are a competent employee, professional, or other employee.
– Skilled employees are individuals who can carrying out skilled labor and whose task requires at least 2 years training or experience, not of a short-term or seasonal nature. Skilled workers should also satisfy any academic, training, or employment experience requirements of the job chance. Relevant post-secondary education might be considered as training.
– Professionals are individuals who hold at least a U.S. bachelor’s or foreign equivalent degree and belong to the professions. Their tasks need a minimum of a bachelor’s degree. Professionals should likewise meet any academic, training, or experience requirements of the task chance.
– Other employees (also called unskilled workers) are persons efficient in carrying out unskilled work whose job requires less than 2 years training or experience, not of a momentary or seasonal nature. Other workers must likewise fulfill 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, utilizing 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 Certification website.
Petitions for Schedule A professions are not needed to have a DOL-approved labor certification. This is since DOL has already figured out there are not sufficient U.S. workers for those occupations. Currently, DOL has actually designated 2 groups of professions under Schedule A. Group I consists of professional nurses and physical therapists. Group II includes beneficiaries with extraordinary capability in the sciences or arts (including college and university teachers) and immigrants of remarkable capability in the carrying out 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 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 certification (or application for Schedule A classification) needs to need a minimum of 2 years of experience or employment training.
– You should demonstrate that you have actually met any job requirements defined on the labor accreditation (or application for Schedule A classification). This evidence may consist of main scholastic records and letters from present or former companies.
– Relevant post-secondary education may be considered as training.
– The labor certification (or employment application for Schedule A classification) must at least a U.S. bachelor’s or employment foreign comparable degree, and a bachelor’s degree is the normal requirement for entry into the occupation.
– You must demonstrate that you have satisfied any task requirements specified on the labor certification (or application for employment Schedule A designation). This evidence may include main scholastic records and letters from existing or previous employers.
– Education and experience may not be replaced for a bachelor’s degree.
– The labor accreditation must require less than 2 years training or experience.
– You need to demonstrate that you have met any requirements defined on the labor certification.
Immigrant Petition Process
Third preference petitions are submitted using Form I-140, Immigrant Petition for Alien Workers. For details on required supporting documentation and filing costs, see the Form I-140 website (that includes the Form I-140 instructions and details about filing costs) and the Petition Filing and Processing Procedures for employment Form I-140, Immigrant Petition for Alien Workers web page.