Employment-Based Immigration: Third Preference EB-3

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You may be eligible for this immigrant visa preference category if you are an experienced employee, expert, or other worker.

You may be eligible for this immigrant visa preference classification if you are a skilled employee, expert, or other employee.


- Skilled workers are individuals who are capable of performing knowledgeable labor and whose job requires at least 2 years training or experience, not of a short-lived or seasonal nature. Skilled employees need to likewise meet any instructional, training, or experience requirements of the task chance. 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 require a minimum of a bachelor's degree. Professionals must likewise meet any educational, training, or experience requirements of the job chance.

- Other workers (likewise called inexperienced workers) are persons capable of carrying out unskilled work whose task requires less than 2 years training or experience, not of a momentary or seasonal nature. Other workers must likewise fulfill any educational, training, or experience requirements of the task chance.


Labor Certification


Third preference petitions are generally accompanied by an a signed Form ETA-9089, Application for Permanent Employment Certification, approved by DOL, or, for labor certification applications submitted on or after June 1, 2023, utilizing DOL's Foreign Labor Application Gateway (FLAG) system, an authorized and signed Form ETA-9089, Final Determination - Permanent Employment Certification Approval (Final Certification). To learn more, see the Department of Labor's Foreign Labor Certification web page.


Petitions for Schedule A professions are not required to have a DOL-approved labor accreditation. This is because DOL has currently 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 includes professional nurses and physical therapists. Group II includes recipients with extraordinary capability in the sciences or arts (consisting of college and university teachers) and immigrants of exceptional ability in the carrying out arts. A petition for Schedule A designation needs to be accompanied by a completed, uncertified Form ETA-9089, including all appropriate appendices, a signed Final Determination, and a valid dominating 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 designation) needs to require a minimum of 2 years of experience or training.

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

- 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 typical requirement for entry into the profession.

- You must show that you have satisfied any task requirements defined on the labor accreditation (or application for Schedule A designation). This proof may consist of official scholastic records and letters from current or former employers.

- Education and experience might not be replacemented for a bachelor's degree.


- The labor accreditation must require less than 2 years training or experience.

- You need to show 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 costs, see the Form I-140 website (which consists of the Form I-140 instructions and info about filing costs) and the Petition Filing and Processing Procedures for Form I-140, employment Immigrant Petition for Alien Workers website.

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