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Employment-Based Immigration: Third Preference EB-3
You might be qualified for this immigrant visa choice classification if you are a skilled worker, expert, or other employee.
– Skilled workers are persons who are capable of carrying out skilled labor referall.us and whose job requires at least 2 years training or experience, not of a short-term or seasonal nature. Skilled workers must also satisfy any academic, training, or experience requirements of the job 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 jobs require a minimum of a bachelor’s degree. Professionals should also satisfy any educational, training, or experience requirements of the task opportunity.
– Other workers (also called unskilled employees) are individuals capable of carrying out inexperienced labor whose job needs less than 2 years training or experience, not of a short-term or seasonal nature. Other workers must also satisfy any academic, training, or experience requirements of the job chance.
Labor Certification
Third preference petitions are typically 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, 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 learn more, see the Department of Labor’s Foreign Labor Certification website.
Petitions for Schedule An occupations are not required to have a DOL-approved labor accreditation. This is due to the fact that 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 consists of expert nurses and physiotherapists. Group II consists of beneficiaries with extraordinary capability in the sciences or arts (including college and university instructors) and immigrants of remarkable ability in the performing arts. A petition for Schedule A designation needs to be accompanied by a completed, uncertified Form ETA-9089, consisting of all suitable appendices, a signed Final Determination, and a legitimate 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) must need a minimum of 2 years of experience or training.
– You should demonstrate that you have met any job requirements defined on the labor accreditation (or application for Schedule A classification). This may include official scholastic records and letters from present or former employers.
– Relevant post-secondary education may be thought about as training.
– The labor certification (or application for Schedule A designation) must require a minimum of a U.S. bachelor’s or foreign equivalent degree, and a bachelor’s degree is the normal requirement for entry into the profession.
– You should show that you have fulfilled any job requirements specified on the labor accreditation (or application for Schedule A classification). This proof may include official academic records and letters from current or previous employers.
– Education and experience might not be replacemented for a bachelor’s degree.
– The labor accreditation need to require less than 2 years training or experience.
– You should demonstrate that you have fulfilled any requirements defined on the labor accreditation.
Immigrant Petition Process
Third preference petitions are submitted utilizing Form I-140, Immigrant Petition for Alien Workers. For information on required supporting paperwork and filing costs, see the Form I-140 web page (which includes the Form I-140 directions and info about filing charges) and the Petition Filing and Processing Procedures for Form I-140, Immigrant Petition for Alien Workers web page.