Employment-Based Immigration: Third Preference EB-3

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

You may be qualified for this immigrant visa preference category if you are a knowledgeable worker, expert, or other employee.


- Skilled employees are individuals who can performing knowledgeable labor and whose job requires a minimum of 2 years training or employment experience, not of a momentary or seasonal nature. Skilled employees should also satisfy any instructional, training, or experience requirements of the job chance. Relevant post-secondary education may be considered as training.

- Professionals are persons who hold at least 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 fulfill any academic, training, or experience requirements of the job opportunity.

- Other employees (likewise called unskilled workers) are individuals efficient in performing unskilled work whose task requires less than 2 years training or experience, not of a momentary or seasonal nature. Other workers must also fulfill any educational, training, or experience requirements of the task chance.


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 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). 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 accreditation. This is because DOL has already determined there are not adequate U.S. workers for those occupations. Currently, DOL has actually designated 2 groups of professions under Schedule A. Group I consists of professional nurses and physiotherapists. Group II includes recipients with remarkable ability in the sciences or arts (including institution of higher learning instructors) and immigrants of exceptional capability in the carrying out arts. A petition for Schedule A designation needs to be accompanied by a finished, uncertified Form ETA-9089, consisting of all appropriate appendices, a signed Final Determination, employment 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) should need at least 2 years of experience or training.

- You must demonstrate that you have actually met any task requirements defined on the labor certification (or application for Schedule A designation). This evidence may include official academic records and letters from current or previous employers.

- Relevant post-secondary education might be thought about as training.


- The labor certification (or application for Schedule A designation) must need a minimum of a U.S. bachelor's or foreign equivalent degree, and a bachelor's degree is the typical requirement for entry into the profession.

- You must demonstrate that you have actually met any job requirements specified on the labor certification (or application for Schedule A classification). This evidence might include main academic records and letters from present or former 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 met any requirements defined on the labor certification.


Immigrant Petition Process


Third preference petitions are filed utilizing Form I-140, Immigrant Petition for Alien Workers. For info on required supporting paperwork and filing costs, see the Form I-140 website (that includes the Form I-140 directions and employment info about filing fees) and the Petition Filing and Processing Procedures for Form I-140, Immigrant Petition for Alien Workers webpage.

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