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Employment-Based Immigration: Third Preference EB-3
You may be qualified for this immigrant visa choice classification if you are an experienced employee, professional, or other worker.
– Skilled employees are persons who are capable of carrying out skilled labor and whose job needs at least 2 years training or experience, not of a short-term or seasonal nature. Skilled workers should likewise meet any instructional, training, or experience requirements of the task chance. Relevant post-secondary education may be thought about as training.
– Professionals are individuals who hold a minimum of a U.S. or foreign equivalent degree and employment are a member of the professions. Their jobs require a minimum of a bachelor’s degree. Professionals should also satisfy any instructional, training, or experience requirements of the task opportunity.
– Other workers (also called unskilled workers) are persons efficient in carrying out common labor whose task requires less than 2 years training or experience, not of a short-term or seasonal nature. Other employees must also satisfy any instructional, training, or experience requirements of the job chance.
Labor Certification
Third choice petitions are usually accompanied by an a signed Form ETA-9089, employment 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 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 A professions are not required to have a DOL-approved labor certification. This is since DOL has already determined there are not enough U.S. workers for those professions. Currently, DOL has actually designated 2 groups of occupations under Schedule A. Group I consists of expert nurses and physiotherapists. Group II consists of beneficiaries with exceptional capability in the sciences or arts (consisting of college and university teachers) and immigrants of remarkable capability in the carrying out arts. A petition for Schedule A designation needs to be accompanied by a finished, uncertified Form ETA-9089, consisting of all relevant appendices, a signed Final Determination, and a legitimate dominating 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 accreditation (or application for employment Schedule A designation) needs to require at least 2 years of experience or training.
– You should show that you have actually fulfilled any job requirements specified on the labor accreditation (or application for Schedule A designation). This evidence may include main scholastic records and letters from current or former employers.
– Relevant post-secondary education might be thought about as training.
– The labor accreditation (or application for Schedule A classification) needs to need a minimum of a U.S. bachelor’s or foreign comparable degree, and a bachelor’s degree is the regular requirement for entry into the occupation.
– You need to show that you have satisfied any job requirements specified on the labor employment certification (or application for Schedule A classification). This evidence may include main academic records and letters from present or former employers.
– Education and experience might not be replacemented for a bachelor’s degree.
– The labor accreditation need to require less than 2 years training or experience.
– You must demonstrate that you have actually fulfilled any requirements specified on the labor certification.
Immigrant Petition Process
Third preference petitions are submitted utilizing Form I-140, employment Immigrant Petition for Alien Workers. For info on required supporting documentation and filing fees, see the Form I-140 webpage (that includes the Form I-140 guidelines and details about filing fees) and the Petition Filing and Processing Procedures for Form I-140, Immigrant Petition for Alien Workers web page.