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Employment-Based Immigration: Third Preference EB-3
You might be eligible for this immigrant visa choice classification if you are a knowledgeable employee, expert, or employment other employee.
– Skilled employees are persons who can performing competent labor and whose job needs at least 2 years training or experience, not of a short-term or seasonal nature. Skilled employees need to likewise fulfill any instructional, training, or experience requirements of the job opportunity. Relevant post-secondary education may be considered as training.
– Professionals are individuals who hold a minimum of a U.S. bachelor’s or foreign equivalent degree and are a member of the occupations. Their jobs need a minimum of a bachelor’s degree. Professionals must also meet any academic, training, employment or experience requirements of the job opportunity.
– Other workers (likewise called unskilled employees) are individuals efficient in carrying out unskilled work whose task requires less than 2 years training or experience, not of a momentary or seasonal nature. Other workers must also meet any instructional, employment training, or experience requirements of the job opportunity.
Labor Certification
Third choice petitions are generally 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 info, see the Department of Labor’s Foreign Labor Certification webpage.
Petitions for Schedule An occupations are not required to have a DOL-approved labor certification. This is due to the fact that DOL has actually already identified there are not sufficient U.S. workers for those professions. Currently, DOL has actually designated 2 groups of professions under Schedule A. Group I consists of professional nurses and physiotherapists. Group II consists of beneficiaries with remarkable capability in the sciences or arts (including institution of higher learning teachers) and immigrants of exceptional capability in the carrying out arts. A for employment Schedule A designation should be accompanied by a completed, uncertified Form ETA-9089, consisting of all applicable appendices, a signed Final Determination, and a valid dominating wage decision 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) needs to require a minimum of 2 years of experience or training.
– You must demonstrate that you have satisfied any job requirements defined on the labor accreditation (or application for Schedule A classification). This evidence may include main academic records and letters from current or previous employers.
– Relevant post-secondary education may be considered as training.
– The labor certification (or employment application for Schedule A classification) should require at least a U.S. bachelor’s or foreign comparable degree, and a bachelor’s degree is the regular requirement for entry into the profession.
– You should demonstrate that you have met any job requirements defined on the labor accreditation (or application for Schedule A designation). This evidence might include official scholastic records and letters from existing or former companies.
– Education and experience may not be replacemented for a bachelor’s degree.
– The labor accreditation must need less than 2 years training or experience.
– You need to show that you have actually met any requirements specified on the labor certification.
Immigrant Petition Process
Third choice petitions are submitted using Form I-140, Immigrant Petition for Alien Workers. For information on required supporting paperwork and employment filing fees, see the Form I-140 web page (which includes the Form I-140 instructions and details about filing costs) and the Petition Filing and Processing Procedures for Form I-140, Immigrant Petition for Alien Workers web page.