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Employment-Based Immigration: Third Preference EB-3

You may be qualified for this immigrant visa preference classification if you are an experienced employee, expert, or other employee.

– Skilled workers are individuals who can carrying out knowledgeable labor and whose task needs at least 2 years training or experience, not of a momentary or seasonal nature. Skilled employees should also satisfy any instructional, training, or experience requirements of the job chance. Relevant post-secondary education might be considered as training.

– Professionals are persons who hold at least 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 should also meet any academic, training, or experience requirements of the task opportunity.

– Other employees (also called inexperienced employees) are persons capable of performing unskilled work whose task requires less than 2 years or experience, not of a momentary or seasonal nature. Other workers should also fulfill any educational, training, or experience requirements of the job opportunity.

Labor Certification

Third preference petitions are generally 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, utilizing DOL’s Foreign Labor Application Gateway (FLAG) system, an approved and signed Form ETA-9089, Final Determination – Permanent Employment Certification Approval (Final Certification). To find out more, referall.us see the Department of Labor’s Foreign Labor Certification web page.

Petitions for Schedule A professions are not needed to have a DOL-approved labor certification. This is since DOL has currently determined there are not sufficient U.S. workers for those professions. Currently, DOL has designated 2 groups of occupations under Schedule A. Group I consists of expert nurses and physiotherapists. Group II consists of recipients with extraordinary ability in the sciences or arts (consisting of institution of higher learning instructors) and immigrants of exceptional ability in the carrying out arts. A petition for Schedule A classification must be accompanied by a finished, uncertified Form ETA-9089, consisting of all appropriate appendices, a signed Final Determination, and a legitimate dominating wage determination 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 require a minimum of 2 years of experience or training.

– You need to demonstrate that you have met any job requirements specified on the labor certification (or application for Schedule A designation). This proof may include official academic records and letters from existing or previous companies.

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

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

– You should show that you have actually satisfied any task requirements specified on the labor accreditation (or application for Schedule A classification). This proof may consist of official scholastic records and letters from current or previous companies.

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

– The labor accreditation should need less than 2 years training or experience.

– You need to demonstrate that you have satisfied any requirements specified on the labor accreditation.

Immigrant Petition Process

Third choice petitions are filed using Form I-140, Immigrant Petition for Alien Workers. For information on required supporting documents and filing fees, see the Form I-140 webpage (which includes the Form I-140 directions and info about filing fees) and the Petition Filing and Processing Procedures for Form I-140, Immigrant Petition for Alien Workers website.

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