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Employment-Based Immigration: Third Preference EB-3

You may be qualified for this immigrant visa preference classification if you are a proficient worker, referall.us professional, or other employee.

– Skilled employees are individuals who are capable of carrying out proficient labor and whose job needs a minimum of 2 years training or experience, not of a momentary or seasonal nature. Skilled employees need to also meet any educational, training, or experience requirements of the task opportunity. 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 comparable degree and belong to the occupations. Their jobs need a minimum of a bachelor’s degree. Professionals need to likewise meet any academic, training, or experience requirements of the job opportunity.

– Other workers (likewise called inexperienced workers) are individuals capable of performing common labor whose job needs less than 2 years training or experience, not of a short-term or seasonal nature. Other must also meet any instructional, training, or experience requirements of the job opportunity.

Labor Certification

Third choice petitions are typically accompanied by an a signed Form ETA-9089, Application for Permanent Employment Certification, approved by DOL, or, for labor accreditation applications filed on or after June 1, 2023, using 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 website.

Petitions for Schedule An occupations are not required to have a DOL-approved labor certification. This is due to the fact that DOL has currently figured out there are not adequate U.S. employees for those occupations. Currently, DOL has actually designated 2 groups of occupations under Schedule A. Group I includes professional nurses and physiotherapists. Group II consists of beneficiaries with remarkable capability in the sciences or arts (including college and university instructors) and immigrants of remarkable capability in the performing arts. A petition for Schedule A classification needs to be accompanied by a completed, uncertified Form ETA-9089, including all relevant appendices, a signed Final Determination, and a legitimate dominating wage determination tracking number in Section E, Item 1 of the uncertified Form ETA-9089. To find out more 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 require a minimum of 2 years of experience or training.

– You must show that you have fulfilled any task requirements specified on the labor certification (or application for Schedule A designation). This evidence might consist of official academic records and letters from present or previous employers.

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

– The labor accreditation (or application for Schedule A designation) should need at least a U.S. bachelor’s or foreign equivalent degree, and a bachelor’s degree is the typical requirement for entry into the profession.

– You should show that you have actually met any job requirements defined on the labor accreditation (or application for Schedule A designation). This evidence might consist of official academic records and letters from present or former 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 satisfied any requirements defined on the labor accreditation.

Immigrant Petition Process

Third choice petitions are submitted using Form I-140, Immigrant Petition for Alien Workers. For information on needed supporting documentation and filing charges, see the Form I-140 webpage (that includes the Form I-140 guidelines and information about filing charges) and the Petition Filing and Processing Procedures for Form I-140, Immigrant Petition for Alien Workers web page.

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