Employment-Based Immigration: Third Preference EB-3

You may be eligible for this immigrant visa choice category if you are an experienced worker, professional, or other employee.

– Skilled employees are individuals who are capable of performing knowledgeable labor and whose job requires at least 2 years training or experience, not of a temporary or seasonal nature. Skilled employees need to also satisfy any academic, training, or experience requirements of the job opportunity. 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 occupations. Their jobs need a minimum of a bachelor’s degree. Professionals should also meet any educational, training, or experience requirements of the task chance.

– Other employees (also called inexperienced workers) are individuals efficient in carrying out unskilled work whose job requires less than 2 years training or experience, not of a short-lived or seasonal nature. Other workers must likewise meet any educational, training, or experience requirements of the .

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, using DOL’s Foreign Labor Application Gateway (FLAG) system, an approved 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 web page.

Petitions for Schedule An occupations are not required to have a DOL-approved labor accreditation. This is because DOL has actually already figured out there are not adequate U.S. employees for those professions. Currently, DOL has actually designated 2 groups of occupations under Schedule A. Group I includes expert nurses and physiotherapists. Group II includes recipients with remarkable capability in the sciences or arts (including institution of higher learning teachers) and immigrants of extraordinary ability in the performing arts. A petition for Schedule A designation should be accompanied by a completed, uncertified Form ETA-9089, consisting of all appropriate appendices, a signed Final Determination, employment and a valid dominating 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) needs to require at least 2 years of experience or training.

– You must show that you have actually met any job requirements defined on the labor employment accreditation (or application for Schedule A designation). This proof may consist of main academic records and employment letters from current or former companies.

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

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

– You should show that you have actually satisfied any task requirements defined on the labor certification (or application for Schedule A classification). This proof may consist of official scholastic records and letters from present or former companies.

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

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

– You must show that you have satisfied any requirements specified on the labor accreditation.

Immigrant Petition Process

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