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Employment-Based Immigration: Third Preference EB-3
You may be qualified for this immigrant visa preference classification if you are a proficient worker, professional, or other worker.
– Skilled employees are individuals who can performing skilled labor and whose task needs a minimum of 2 years training or experience, not of a temporary or seasonal nature. Skilled workers need to also satisfy any educational, training, or experience requirements of the task opportunity. Relevant post-secondary education might be considered as training.
– Professionals are persons who hold at least a U.S. bachelor’s or foreign equivalent degree and are a member of the professions. Their jobs require a minimum of a bachelor’s degree. Professionals need to likewise meet any instructional, training, or experience requirements of the job opportunity.
– Other workers (likewise called unskilled employees) are persons capable of performing common labor whose job needs less than 2 years training or experience, not of a short-term or seasonal nature. Other employees need to also satisfy any academic, training, or experience requirements of the job chance.
Labor Certification
Third preference petitions are usually accompanied by an a signed Form ETA-9089, 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). To learn more, see the Department of Labor’s Foreign Labor Certification webpage.
Petitions for Schedule A professions are not required to have a DOL-approved labor certification. This is because DOL has already figured out there are not sufficient U.S. workers for those professions. Currently, DOL has actually designated 2 groups of occupations under Schedule A. Group I includes professional nurses and physiotherapists. Group II includes recipients with remarkable capability in the sciences or arts (including college and university instructors) and immigrants of extraordinary ability 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 valid prevailing wage decision tracking number in Section E, Item 1 of the uncertified Form ETA-9089. For referall.us 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) should need at least 2 years of experience or training.
– You need to demonstrate that you have fulfilled any job requirements specified on the labor certification (or application for Schedule A designation). This proof might consist of official scholastic records and letters from current or former companies.
– Relevant post-secondary education may be thought about as training.
– The labor certification (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 should demonstrate that you have actually fulfilled any task requirements defined on the labor accreditation (or application for Schedule A classification). This proof may consist of main scholastic records and letters from current or previous employers.
– Education and experience might not be alternatived to a bachelor’s degree.
– The labor accreditation must need less than 2 years training or experience.
– You must demonstrate that you have actually met any requirements defined on the labor certification.
Immigrant Petition Process
Third choice petitions are filed using Form I-140, Immigrant Petition for Alien Workers. For info on needed and filing charges, see the Form I-140 web page (that includes the Form I-140 guidelines and details about filing fees) and the Petition Filing and Processing Procedures for Form I-140, Immigrant Petition for Alien Workers web page.