Employment-Based Immigration: Third Preference EB-3

You might be eligible for this immigrant visa preference classification if you are an experienced worker, expert, or other worker.

– Skilled workers are persons who are capable of carrying out experienced labor and whose task needs at least 2 years training or experience, not of a momentary or seasonal nature. Skilled workers need to likewise satisfy any educational, training, or experience requirements of the job chance. Relevant post-secondary education may be thought about 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 professions. Their jobs require a minimum of a bachelor’s degree. Professionals need to likewise meet any educational, training, or experience requirements of the job opportunity.

– Other workers (likewise called unskilled workers) are individuals efficient in performing unskilled work whose job needs less than 2 years training or experience, not of a temporary or seasonal nature. Other employees should also meet any academic, training, or experience requirements of the job chance.

Labor Certification

Third preference petitions are typically 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, utilizing DOL’s Foreign Labor job 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 needed to have a DOL-approved labor accreditation. This is since DOL has actually currently figured out there are not adequate U.S. workers for those occupations. Currently, DOL has designated 2 groups of professions under Schedule A. Group I includes professional nurses and physical therapists. Group II includes recipients with exceptional capability in the sciences or arts (including institution of higher learning teachers) and immigrants of remarkable capability in the performing arts. A petition for Schedule A designation needs to be accompanied by a finished, uncertified Form ETA-9089, including all relevant appendices, a signed Final Determination, and a legitimate prevailing 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 Manual.

– The labor certification (or application for Schedule A classification) should require at least 2 years of experience or training.

– You should demonstrate that you have fulfilled any job requirements specified on the labor certification (or application for Schedule A classification). This proof may consist of official academic records and letters from existing or former employers.

– Relevant post-secondary education might be thought about as training.

– The labor accreditation (or application for job Schedule A classification) needs to 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 occupation.

– You need to show that you have fulfilled any task requirements specified on the labor accreditation (or application for Schedule A classification). This evidence may consist of official scholastic records and job letters from present or previous 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 should demonstrate that you have fulfilled any requirements specified on the labor accreditation.

Immigrant Petition Process

Third preference petitions are submitted using Form I-140, Immigrant Petition for Alien Workers. For information on required supporting paperwork and filing charges, see the Form I-140 web page (that includes the Form I-140 directions and info about filing charges) and the Petition Filing and Processing Procedures for Form I-140, Immigrant Petition for Alien Workers website.