Employment-Based Immigration: Third Preference EB-3
You may be eligible for this immigrant visa preference category if you are a knowledgeable employee, expert, or other worker.
- Skilled workers are persons who can carrying out knowledgeable labor and whose task needs at least 2 years training or experience, not of a short-term or seasonal nature. Skilled employees should also fulfill any instructional, training, or experience requirements of the job opportunity. 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 occupations. Their jobs require a minimum of a bachelor's degree. Professionals should likewise satisfy any educational, training, or experience requirements of the task chance.
- Other employees (also called inexperienced workers) are persons efficient in carrying out unskilled labor whose task requires less than 2 years training or experience, not of a temporary or seasonal nature. Other workers should likewise fulfill any educational, training, or experience requirements of the task opportunity.
Labor Certification
Third choice petitions are usually accompanied by an a signed Form ETA-9089, Application for Permanent Employment Certification, approved by DOL, or, for labor certification applications filed 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 additional information, see the Department of Labor's Foreign Labor Certification web page.
Petitions for Schedule An are not needed to have a DOL-approved labor certification. This is since DOL has already identified there are not sufficient U.S. workers for those professions. Currently, DOL has actually designated 2 groups of professions under Schedule A. Group I consists of professional nurses and physical therapists. Group II consists of beneficiaries with exceptional capability 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 classification should be accompanied by a finished, uncertified Form ETA-9089, including all suitable appendices, a signed Final Determination, and a legitimate prevailing wage determination tracking number in Section E, Item 1 of the uncertified Form ETA-9089. For additional information 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 need a minimum of 2 years of experience or training.
- You should show that you have actually fulfilled any job requirements defined on the labor accreditation (or application for Schedule A classification). This evidence might consist of main academic records and letters from present or former employers.
- Relevant post-secondary education might be thought about as training.
- The labor certification (or application for employment Schedule A designation) must require a minimum of a U.S. bachelor's or foreign equivalent degree, and a bachelor's degree is the regular requirement for entry into the occupation.
- You should show that you have actually fulfilled any job requirements specified on the labor certification (or application for Schedule A classification). This proof may consist of main academic records and letters from existing or previous employers.
- Education and experience may not be alternatived to a bachelor's degree.
- The labor certification should need less than 2 years training or experience.
- You need to demonstrate that you have satisfied any requirements defined on the labor accreditation.
Immigrant Petition Process
Third preference petitions are submitted using Form I-140, Immigrant Petition for Alien Workers. For info on required supporting documents and filing costs, see the Form I-140 webpage (that includes the Form I-140 guidelines and details about filing costs) and the Petition Filing and Processing Procedures for Form I-140, Immigrant Petition for Alien Workers website.