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Issue created by Agueda Piddington@aguedapiddingtOwner

Employment-Based Immigration: Third Preference EB-3


You might be qualified for this immigrant visa choice category if you are a skilled worker, expert, or other worker.

- Skilled workers are persons who can carrying out skilled labor and whose task requires at least 2 years training or experience, not of a temporary or seasonal nature. Skilled employees should also meet any educational, training, employment or experience requirements of the job 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 equivalent degree and belong to the professions. Their tasks require a minimum of a bachelor's degree. Professionals should also satisfy any educational, training, or experience requirements of the task opportunity.
- Other workers (likewise called unskilled workers) are persons capable of performing unskilled work whose task needs less than 2 years training or experience, not of a temporary or seasonal nature. Other employees need to likewise fulfill any educational, training, or experience requirements of the job opportunity.
Labor Certification

Third choice petitions are usually 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, utilizing DOL's Foreign Labor Application Gateway (FLAG) system, an approved and employment signed Form ETA-9089, Final Determination - Permanent Employment Certification Approval (Final Certification). For more information, see the Department of Labor's Foreign Labor Certification webpage.

Petitions for Schedule A professions are not needed to have a DOL-approved labor accreditation. This is since DOL has currently figured out there are not enough U.S. employees for those occupations. Currently, DOL has actually designated 2 groups of occupations under Schedule A. Group I consists of expert nurses and physiotherapists. Group II consists of beneficiaries with exceptional ability in the sciences or arts (consisting of college and university instructors) and immigrants of extraordinary ability in the performing arts. A petition for Schedule A designation should be accompanied by a finished, uncertified Form ETA-9089, consisting of all applicable appendices, a signed Final Determination, and a legitimate dominating wage decision tracking number in Section E, Item 1 of the uncertified Form ETA-9089. To learn 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 designation) must need at least 2 years of experience or training.
- You need to demonstrate that you have 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 current or previous employers.
- Relevant post-secondary education might be considered as training.

  • The labor accreditation (or application for Schedule A designation) must need at least a U.S. bachelor's or foreign comparable degree, and a bachelor's degree is the regular requirement for entry into the profession.
    - You need to show that you have satisfied any task requirements specified on the labor certification (or application for Schedule A designation). This might consist of main scholastic records and letters from current or former companies.
    - Education and experience may not be alternatived to a bachelor's degree.

- The labor certification must require less than 2 years training or experience.
- You should show that you have satisfied any requirements specified on the labor accreditation.
Immigrant Petition Process

Third choice petitions are filed utilizing Form I-140, Immigrant Petition for Alien Workers. For information on required supporting documents and filing fees, see the Form I-140 webpage (which consists of the Form I-140 instructions and information about filing fees) and the Petition Filing and Processing Procedures for Form I-140, Immigrant Petition for Alien Workers webpage.