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Employment-Based Immigration: Third Preference EB-3
You may be eligible for this immigrant visa preference classification if you are a competent employee, referall.us professional, or other worker.
– Skilled employees are persons who are capable of performing proficient labor and whose task needs at least 2 years training or experience, not of a momentary or seasonal nature.
Skilled employees must likewise meet any educational, training, or experience requirements of the job opportunity.
Relevant post-secondary education may be thought about as training.
– Professionals are persons who hold a minimum of a U.S. bachelor’s or foreign equivalent degree and are a member of the professions. Their jobs need a minimum of a bachelor’s degree. Professionals must also satisfy any instructional, training, or experience requirements of the task chance.
– Other employees (also called unskilled workers) are persons capable of performing inexperienced labor whose task requires less than 2 years training or experience, not of a short-lived or seasonal nature. Other employees must also meet any educational, training, or experience requirements of the job chance.
Labor Certification
Third preference petitions are usually accompanied by an a signed Form ETA-9089, Application for Permanent Employment Certification, authorized by DOL, or, for labor certification applications filed on or after June 1, 2023, using DOL’s Foreign Labor Application Gateway (FLAG) system, an authorized and signed Form ETA-9089, Final Determination – Permanent Employment Certification Approval (Final Certification). For additional information, see the Department of Labor’s Foreign Labor Certification webpage.
Petitions for Schedule An occupations are not required to have a DOL-approved labor certification. This is due to the fact that DOL has already identified there are not enough U.S. workers for those occupations. Currently, DOL has actually designated 2 groups of occupations under Schedule A. Group I includes professional nurses and physical therapists. Group II includes beneficiaries with extraordinary ability in the sciences or arts (including institution of higher learning teachers) and immigrants of exceptional capability in the carrying out arts. A petition for Schedule A classification needs to be accompanied by a completed, uncertified Form ETA-9089, including all suitable 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 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 require at least 2 years of experience or training.
– You need to show that you have actually fulfilled any task requirements specified on the labor certification (or application for Schedule A classification). This proof may include official scholastic and letters from existing or previous employers.
– Relevant post-secondary education may be thought about as training.
– The labor accreditation (or application for Schedule A designation) needs to require at least a U.S. bachelor’s or foreign equivalent degree, and a bachelor’s degree is the typical requirement for entry into the profession.
– You need to demonstrate that you have satisfied any task requirements specified on the labor certification (or application for Schedule A classification). This proof might consist of official scholastic records and letters from current or previous employers.
– Education and experience might not be alternatived to a bachelor’s degree.
– The labor accreditation must need less than 2 years training or experience.
– You should show that you have fulfilled any requirements specified on the labor accreditation.
Immigrant Petition Process
Third preference petitions are filed utilizing Form I-140, Immigrant Petition for Alien Workers.
For info on required supporting documents and filing costs, see the Form I-140 webpage (that includes the Form I-140 instructions and information about filing charges) and the Petition Filing and Processing Procedures for Form I-140, Immigrant Petition for Alien Workers web page.