Employment-Based Immigration: Third Preference EB-3
Adrianna Carron edited this page 5 months ago


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

- Skilled workers are persons who are capable of performing proficient labor and whose job requires a minimum of 2 years training or experience, not of a short-lived or seasonal nature. Skilled employees must likewise satisfy any educational, training, or experience requirements of the task 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 are a member of the occupations. Their tasks require a minimum of a bachelor's degree. Professionals need to likewise satisfy any academic, training, job or experience requirements of the task chance.
- Other workers (likewise called unskilled employees) are persons capable of performing inexperienced labor whose job needs less than 2 years training or experience, not of a momentary or seasonal nature. Other workers need to also fulfill any academic, training, or experience requirements of the task opportunity.
Labor Certification

Third choice petitions are generally accompanied by an a signed Form ETA-9089, Application for Permanent Employment Certification, authorized by DOL, or, for labor accreditation 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 find out more, see the Department of Labor's Foreign Labor Certification web page.

Petitions for Schedule A professions are not needed to have a DOL-approved labor certification. This is because DOL has actually already figured out there are not adequate U.S. employees for those occupations. 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 (consisting of college and university teachers) and immigrants of remarkable ability in the carrying out arts. A petition for Schedule A classification must be accompanied by a finished, uncertified Form ETA-9089, consisting of all relevant appendices, a signed Final Determination, and a valid dominating wage decision tracking number in Section E, Item 1 of the uncertified Form ETA-9089. To find out more 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 at least 2 years of experience or training.
- You need to show that you have actually fulfilled any job requirements defined on the labor accreditation (or application for Schedule A designation). This proof may include main academic records and letters from present or former companies.
- Relevant post-secondary education might be considered as training.

  • The labor accreditation (or application for Schedule A classification) 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 occupation.
    - You need to demonstrate that you have actually fulfilled any job requirements specified on the labor accreditation (or application for Schedule A designation). This proof might consist of main scholastic records and letters from existing or previous employers.
    - Education and experience might not be replacemented for a bachelor's degree.
  • The labor accreditation should require less than 2 years training or experience.
    - You must demonstrate that you have met any requirements specified on the .
    Immigrant Petition Process

    Third preference petitions are submitted using Form I-140, Immigrant Petition for Alien Workers. For details on needed supporting documents and filing charges, see the Form I-140 webpage (which consists of 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.