Employment-Based Immigration: Third Preference EB-3

You may be qualified for this immigrant visa choice classification if you are a knowledgeable employee, employment professional, or other worker.

– Skilled workers are individuals who are capable of carrying out knowledgeable labor and whose task requires at least 2 years training or experience, not of a temporary or seasonal nature. Skilled should also satisfy any academic, training, or employment experience requirements of the job opportunity. Relevant post-secondary education may be considered as training.

– Professionals are persons who hold at least a U.S. bachelor’s or foreign equivalent degree and belong to the occupations. Their jobs require a minimum of a bachelor’s degree. Professionals should also meet any academic, training, or experience requirements of the task chance.

– Other workers (also called inexperienced employees) are persons efficient in carrying out unskilled labor employment whose task needs less than 2 years training or experience, not of a temporary or seasonal nature. Other workers need to also meet 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, approved by DOL, or, for labor accreditation 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). To find out 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 certification. This is since DOL has already determined there are not adequate U.S. workers for those professions. Currently, DOL has actually designated 2 groups of professions under Schedule A. Group I includes professional nurses and physiotherapists. Group II includes recipients with extraordinary ability in the sciences or arts (consisting of institution of higher learning teachers) and immigrants of exceptional capability in the carrying out arts. A petition for Schedule A classification should be accompanied by a completed, uncertified Form ETA-9089, including all relevant 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 more details on Schedule A requirements, see Volume 6, Part E, Chapter 7, of the USCIS Policy Manual.

– The labor certification (or application for Schedule A classification) should require at least 2 years of experience or training.

– You must show that you have satisfied any job requirements defined on the labor accreditation (or application for Schedule A classification). This evidence might include main academic records and letters from current or previous companies.

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

– The labor certification (or application for Schedule A classification) should need at least a U.S. bachelor’s or foreign comparable degree, and a bachelor’s degree is the normal requirement for entry into the profession.

– You must 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 scholastic records and letters from existing or former companies.

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

– The labor accreditation must need less than 2 years training or experience.

– You must demonstrate that you have fulfilled any requirements defined on the labor accreditation.

Immigrant Petition Process

Third choice petitions are filed using Form I-140, Immigrant Petition for Alien Workers. For information on needed supporting paperwork and filing charges, see the Form I-140 web page (which includes the Form I-140 directions and details about filing fees) and the Petition Filing and Processing Procedures for Form I-140, Immigrant Petition for Alien Workers web page.