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Employment-Based Immigration: Third Preference EB-3
You may be for this immigrant visa choice category if you are a proficient worker, expert, or other worker.
– Skilled workers are persons who are capable of carrying out competent labor and whose job requires at least 2 years training or experience, not of a momentary or seasonal nature. Skilled employees need to also fulfill any educational, training, or experience requirements of the task opportunity. 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 should also meet any instructional, training, or experience requirements of the task chance.
– Other workers (also called unskilled employees) are individuals capable of performing unskilled work whose job requires less than 2 years training or experience, not of a short-lived or seasonal nature. Other employees need to also meet any educational, training, or experience requirements of the job opportunity.
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 authorized 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 needed to have a DOL-approved labor accreditation. This is because DOL has currently identified 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 expert nurses and physical therapists. Group II includes recipients with remarkable ability in the sciences or arts (including college and university teachers) and immigrants of extraordinary capability in the carrying out arts. A petition for Schedule A classification should be accompanied by a completed, uncertified Form ETA-9089, including all suitable appendices, a signed Final Determination, and a valid dominating wage determination tracking number in Section E, Item 1 of the uncertified Form ETA-9089. For additional information on Schedule A requirements, see Volume 6, Part E, Chapter 7, of the USCIS Policy Manual.
– The labor certification (or application for Schedule A designation) should need at least 2 years of experience or training.
– You must show that you have actually met any job requirements defined on the labor certification (or application for referall.us Schedule A classification). This proof may include main scholastic records and letters from current or former companies.
– Relevant post-secondary education might be thought about as training.
– The labor certification (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 normal requirement for entry into the profession.
– You need to show that you have actually fulfilled any task requirements defined on the labor accreditation (or application for Schedule A designation). This proof might consist of official scholastic records and letters from present or former companies.
– Education and experience may not be alternatived to a bachelor’s degree.
– The labor accreditation should need less than 2 years training or experience.
– You must demonstrate that you have actually fulfilled any requirements defined on the labor certification.
Immigrant Petition Process
Third choice petitions are filed utilizing Form I-140, Immigrant Petition for Alien Workers. For information on required supporting paperwork and filing costs, see the Form I-140 webpage (which includes the Form I-140 guidelines and details about filing charges) and the Petition Filing and Processing Procedures for Form I-140, Immigrant Petition for Alien Workers website.