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Employment-Based Immigration: Third Preference EB-3
You may be eligible for this immigrant visa choice classification if you are a knowledgeable worker, professional, or other worker.
– Skilled employees are persons who can carrying out proficient labor and whose job needs at least 2 years training or experience, not of a temporary or seasonal nature. Skilled employees must also fulfill any instructional, job training, or experience requirements of the job chance.
Relevant post-secondary education may be thought about as training.
– Professionals are persons who hold at least a U.S. bachelor’s or foreign comparable degree and belong to the professions. Their jobs require a minimum of a bachelor’s degree. Professionals should likewise satisfy any educational, training, or job experience requirements of the job chance.
– Other workers (also called unskilled employees) are persons efficient in carrying out unskilled work whose job requires less than 2 years training or experience, not of a momentary or seasonal nature. Other employees must likewise meet any academic, training, or experience requirements of the task opportunity.
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 job 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). To find out more, see the Department of Labor’s Foreign Labor Certification webpage.
Petitions for Schedule An occupations are not required to have a DOL-approved labor certification. This is since DOL has already determined there are not sufficient U.S. workers for those occupations. Currently, DOL has actually designated 2 groups of occupations under Schedule A. Group I includes professional nurses and physical therapists. Group II includes beneficiaries with remarkable 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 designation must be accompanied by a completed, uncertified Form ETA-9089, including all applicable 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, see Volume 6, Part E, Chapter 7, of the USCIS Policy Manual.
– The labor certification (or application for Schedule A designation) needs to require at least 2 years of experience or training.
– You need to demonstrate that you have actually met any job requirements specified on the labor accreditation (or job application for Schedule A designation). This evidence may include official academic records and letters from existing or previous companies.
– Relevant post-secondary education may be thought about as training.
– The labor accreditation (or application for Schedule A designation) needs to require 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 need to show that you have fulfilled any job requirements defined on the labor job accreditation (or application for Schedule A designation). This evidence might consist of official scholastic records and letters from existing or previous employers.
– Education and experience might not be substituted for a bachelor’s degree.
– The labor accreditation need to require less than 2 years training or experience.
– You must demonstrate that you have met any requirements specified on the labor certification.
Immigrant Petition Process
Third preference petitions are submitted utilizing Form I-140, Immigrant Petition for Alien Workers. For details on needed supporting documentation and filing charges, see the Form I-140 website (which consists of the Form I-140 instructions and details about filing fees) and the Petition Filing and Processing Procedures for Form I-140, Immigrant Petition for webpage.