Employment-Based Immigration: Third Preference EB-3
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You may be qualified for this immigrant visa choice category if you are a skilled employee, expert, or other employee.

- Skilled employees are persons who can performing experienced labor and whose task requires a minimum of 2 years training or experience, not of a momentary or seasonal nature. Skilled workers need to likewise satisfy 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 equivalent degree and belong to the occupations. Their tasks need a minimum of a bachelor's degree. Professionals need to likewise meet any educational, training, or experience requirements of the task chance.
- Other workers (also called inexperienced employees) are individuals capable of carrying out common labor whose task needs less than 2 years training or experience, not of a short-lived or seasonal nature. Other employees must also satisfy any instructional, training, or experience requirements of the job chance.
Labor Certification

Third choice petitions are generally accompanied by an a signed Form ETA-9089, Application for Permanent Employment Certification, approved by DOL, or, for labor certification applications submitted 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 more information, see the Department of Labor's Foreign Labor Certification website.

Petitions for Schedule An occupations are not needed to have a DOL-approved labor accreditation. This is because DOL has actually currently identified there are not enough 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 recipients with extraordinary capability in the sciences or arts (consisting of college and university instructors) and immigrants of exceptional capability in the carrying out arts. A petition for Schedule A classification should be accompanied by a finished, uncertified Form ETA-9089, consisting of all applicable appendices, a signed Final Determination, and a legitimate prevailing 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 certification (or application for Schedule A classification) needs to require a minimum of 2 years of experience or training.
- You must demonstrate that you have actually met any job requirements specified on the labor accreditation (or application for employment Schedule A classification). This proof might consist of official academic records and letters from current or former employers.
- Relevant post-secondary education may be considered as training.

  • The labor accreditation (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 normal requirement for entry into the occupation.
    - You must show that you have actually fulfilled any task requirements defined on the labor certification (or application for Schedule A designation). This evidence may include records and letters from current or former employers.
    - Education and experience may not be substituted for a bachelor's degree.
  • The labor certification must need less than 2 years training or experience.
    - You should show that you have fulfilled any requirements defined on the labor certification.
    Immigrant Petition Process

    Third preference petitions are submitted utilizing Form I-140, Immigrant Petition for Alien Workers. For info on needed supporting paperwork and filing fees, see the Form I-140 web page (which includes the Form I-140 directions and info about filing fees) and the Petition Filing and Processing Procedures for Form I-140, Immigrant Petition for Alien Workers webpage.