Employment-Based Immigration: Third Preference EB-3

You may be eligible for this immigrant visa preference classification if you are a competent worker, professional, or other employee.

– Skilled employees are individuals who are capable of carrying out experienced labor and whose job requires a minimum of 2 years training or experience, not of a momentary or seasonal nature. Skilled employees must also satisfy any educational, 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 job foreign equivalent degree and belong to the professions. Their tasks require a minimum of a bachelor’s degree. Professionals should also meet any educational, training, or experience requirements of the task chance.

– Other employees (likewise called inexperienced workers) are persons efficient in carrying out unskilled work whose task needs less than 2 years training or experience, not of a short-term or seasonal nature. Other workers should also meet any instructional, 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 accreditation 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 details, see the Department of Labor’s Foreign Labor Certification webpage.

Petitions for Schedule A professions are not required to have a DOL-approved labor accreditation. This is because DOL has actually currently figured out there are not enough U.S. workers for those . Currently, DOL has designated 2 groups of professions under Schedule A. Group I consists of expert nurses and physical therapists. Group II includes recipients with remarkable capability in the sciences or arts (including institution of higher learning 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, including all suitable appendices, a signed Final Determination, and a legitimate prevailing wage decision tracking number in Section E, Item 1 of the uncertified Form ETA-9089. To learn more on Schedule A requirements, job see Volume 6, Part E, Chapter 7, of the USCIS Policy Manual.

– The labor accreditation (or application for Schedule A classification) needs to require a minimum of 2 years of experience or training.

– You must show that you have actually satisfied any task requirements defined on the labor accreditation (or application for Schedule A designation). This proof might consist of main scholastic records and letters from existing or former employers.

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

– The labor accreditation (or application for Schedule A classification) should need a minimum of 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 fulfilled any job requirements specified on the labor certification (or application for Schedule A designation). This proof may consist of main scholastic records and letters from current or previous employers.

– Education and experience may not be alternatived to a bachelor’s degree.

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

– You should demonstrate that you have met any requirements specified on the labor certification.

Immigrant Petition Process

Third preference petitions are submitted using Form I-140, Immigrant Petition for Alien Workers. For details on required supporting documentation and filing fees, see the Form I-140 website (that includes the Form I-140 directions and job info about filing costs) and job the Petition Filing and Processing Procedures for Form I-140, Immigrant Petition for Alien Workers website.