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Employment-Based Immigration: Third Preference EB-3

You may be eligible for this immigrant visa preference category if you are a proficient worker, professional, or other worker.

– Skilled workers are who can carrying out knowledgeable labor and whose job requires at least 2 years training or experience, not of a momentary or seasonal nature. Skilled workers should likewise meet any instructional, training, or experience requirements of the task chance. Relevant post-secondary education might be thought about as training.

– Professionals are persons who hold at least a U.S. bachelor’s or foreign comparable degree and referall.us belong to the occupations. Their jobs require a minimum of a bachelor’s degree. Professionals should likewise fulfill any educational, training, or experience requirements of the job opportunity.

– Other workers (likewise called inexperienced employees) are individuals capable of performing unskilled work whose task needs less than 2 years training or experience, not of a short-term or seasonal nature. Other workers should likewise meet any academic, training, or experience requirements of the job chance.

Labor Certification

Third preference petitions are usually accompanied by an a signed Form ETA-9089, Application for Permanent Employment Certification, authorized by DOL, or, for labor accreditation applications submitted 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). For more info, 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 actually already identified 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 professional nurses and physiotherapists. Group II includes beneficiaries with extraordinary ability in the sciences or arts (consisting of college and university teachers) and immigrants of remarkable ability in the performing arts. A petition for Schedule A classification should be accompanied by a finished, uncertified Form ETA-9089, consisting of all suitable appendices, a signed Final Determination, and a valid prevailing 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 certification (or application for Schedule A designation) must need a minimum of 2 years of experience or training.

– You should show that you have fulfilled any job requirements specified on the labor certification (or application for Schedule A classification). This evidence may include main scholastic records and letters from current or previous employers.

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

– The labor accreditation (or application for Schedule A designation) must need a minimum of a U.S. bachelor’s or foreign equivalent degree, and a bachelor’s degree is the regular requirement for entry into the occupation.

– You should show that you have satisfied any job requirements defined on the labor accreditation (or application for Schedule A designation). This proof might consist of main academic records and letters from present or previous employers.

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

– The labor certification need to need less than 2 years training or experience.

– You must show that you have met any requirements specified on the labor certification.

Immigrant Petition Process

Third preference petitions are filed utilizing Form I-140, Immigrant Petition for Alien Workers. For information on required supporting documentation and filing fees, see the Form I-140 web page (which includes the Form I-140 instructions and information about filing fees) and the Petition Filing and Processing Procedures for Form I-140, Immigrant Petition for Alien Workers website.