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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 employee, professional, or other employee.

– Skilled employees are individuals who can carrying out competent labor and whose task needs at least 2 years training or job experience, not of a momentary or seasonal nature. Skilled employees should likewise meet any instructional, training, or experience requirements of the job opportunity. Relevant post-secondary education might 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 tasks need a minimum of a bachelor’s degree. Professionals need to also satisfy any academic, training, or experience requirements of the task opportunity.

– Other employees (likewise called unskilled employees) are individuals efficient in performing unskilled labor whose job requires less than 2 years training or experience, not of a temporary or seasonal nature. Other employees should likewise meet any instructional, training, or job experience requirements of the job opportunity.

Labor Certification

Third choice petitions are typically accompanied by an a signed Form ETA-9089, job Application for Permanent Employment Certification, approved by DOL, or, for labor accreditation applications filed on or after June 1, 2023, using DOL’s Foreign Labor Application Gateway (FLAG) system, an authorized 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 webpage.

Petitions for Schedule A professions are not needed to have a DOL-approved labor accreditation. This is because DOL has actually already identified there are not adequate U.S. employees for those professions. Currently, DOL has actually designated 2 groups of professions under Schedule A. Group I includes expert nurses and physical therapists. Group II consists of recipients with exceptional ability in the sciences or arts (consisting of college and instructors) and immigrants of extraordinary capability in the carrying out arts. A petition for Schedule A designation must be accompanied by a finished, uncertified Form ETA-9089, consisting of all applicable appendices, a signed Final Determination, and a valid prevailing 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, job Part E, Chapter 7, of the USCIS Policy Manual.

– The labor certification (or application for Schedule A classification) must require a minimum of 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 might include main academic records and letters from present or former companies.

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

– The labor accreditation (or application for Schedule A classification) should 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 must demonstrate that you have actually satisfied any job requirements specified on the labor certification (or application for Schedule A classification). This proof may consist of official academic records and letters from present or former companies.

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

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

– You need to show that you have met any requirements specified on the labor accreditation.

Immigrant Petition Process

Third preference petitions are filed utilizing Form I-140, Immigrant Petition for Alien Workers. For information on required supporting documents and filing fees, see the Form I-140 webpage (which consists of the Form I-140 instructions and details about filing costs) and the Petition Filing and Processing Procedures for Form I-140, Immigrant Petition for Alien Workers web page.

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