Employment-Based Immigration: Third Preference EB-3

You may be eligible for this immigrant visa choice classification if you are a proficient worker, expert, or other worker.

– Skilled workers are individuals who can carrying out proficient labor and whose task needs at least 2 years training or employment experience, not of a momentary or seasonal nature. Skilled employees need to likewise meet any educational, training, or experience requirements of the task chance. Relevant post-secondary education may be considered as training.

– Professionals are individuals who hold a minimum of a U.S. bachelor’s or foreign comparable degree and belong to the professions. Their tasks need a minimum of a bachelor’s degree. Professionals must likewise satisfy any instructional, training, or experience requirements of the job chance.

– Other workers (also called unskilled employees) are persons efficient in performing common labor whose job requires less than 2 years training or experience, not of a momentary or seasonal nature. Other employees must also fulfill any academic, employment training, or experience requirements of the job chance.

Labor Certification

Third choice petitions are generally accompanied by an a signed Form ETA-9089, Application for Permanent Employment Certification, authorized by DOL, or, for labor certification 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 website.

Petitions for Schedule A professions are not required to have a DOL-approved labor certification. This is because DOL has actually already identified there are not enough U.S. workers for those professions. Currently, DOL has actually designated 2 groups of occupations under Schedule A. Group I consists of expert nurses and physical therapists. Group II includes recipients with remarkable ability in the sciences or arts (including college and university teachers) and immigrants of remarkable capability in the carrying out arts. A petition for Schedule A designation should be accompanied by a completed, uncertified Form ETA-9089, including all applicable 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 accreditation (or application for Schedule A classification) needs to require at least 2 years of experience or training.

– You must show that you have actually fulfilled any job requirements defined on the labor certification (or application for Schedule A classification). This evidence may consist of official scholastic records and letters from current or former companies.

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

– The labor certification (or application for Schedule A classification) should require at least a U.S. bachelor’s or foreign comparable degree, and a bachelor’s degree is the normal requirement for entry into the .

– You should show that you have satisfied any job requirements specified on the labor certification (or application for Schedule A designation). This evidence might include official academic records and letters from present or previous companies.

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

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

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

Immigrant Petition Process

Third choice petitions are filed using Form I-140, Immigrant Petition for Alien Workers. For details on needed supporting documents and filing costs, see the Form I-140 web page (that includes the Form I-140 directions and info about filing costs) and the Petition Filing and Processing Procedures for Form I-140, Immigrant Petition for Alien Workers webpage.