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Employment-Based Immigration: Third Preference EB-3

You might be eligible for this immigrant visa preference category if you are an experienced worker, expert, or other worker.

– Skilled employees are persons who are capable of performing knowledgeable labor and whose job requires at least 2 years training or experience, not of a short-lived or seasonal nature. Skilled employees must also meet any academic, training, or experience requirements of the job chance. Relevant post-secondary education might be thought about as training.

– Professionals are individuals who hold at least a U.S. bachelor’s or foreign equivalent degree and are a member of the occupations. Their jobs need a minimum of a bachelor’s degree. Professionals must also satisfy any academic, training, or experience requirements of the task chance.

– Other workers (likewise called unskilled employees) are individuals capable of performing common labor whose job needs 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 job chance.

Labor Certification

Third preference petitions are typically accompanied by an a signed Form ETA-9089, Application for Permanent Employment Certification, approved by DOL, or, for labor accreditation applications filed on or after June 1, job 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). To learn more, see the Department of Labor’s Foreign Labor Certification webpage.

Petitions for Schedule An occupations are not needed to have a DOL-approved labor certification. This is because DOL has actually already determined there are not enough U.S. workers for those occupations. Currently, DOL has actually designated 2 groups of occupations under Schedule A. Group I consists of professional nurses and physiotherapists. Group II includes recipients with extraordinary ability in the sciences or arts (including institution of higher learning instructors) and job immigrants of extraordinary 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 applicable appendices, a signed Final Determination, and a legitimate dominating wage determination tracking number in Section E, Item 1 of the uncertified Form ETA-9089. For more details on Schedule A requirements, see Volume 6, Part E, Chapter 7, of the USCIS Policy Manual.

– The labor accreditation (or application for Schedule A classification) needs to need a minimum of 2 years of experience or training.

– You should show that you have met any task requirements specified on the labor accreditation (or application for Schedule A designation). This proof may consist of main academic records and letters from current or previous companies.

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

– The labor job 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 normal requirement for entry into the occupation.

– You must demonstrate that you have met any job requirements specified on the labor accreditation (or application for Schedule A classification). This evidence might consist of official academic records and letters from existing or previous employers.

– Education and experience may not be replacemented for a bachelor’s degree.

– The labor accreditation should need less than 2 years training or experience.

– You need to demonstrate that you have actually fulfilled any on the labor accreditation.

Immigrant Petition Process

Third preference petitions are submitted utilizing Form I-140, Immigrant Petition for Alien Workers. For details on needed supporting documents and filing costs, see the Form I-140 web page (that includes the Form I-140 guidelines and information about filing costs) and the Petition Filing and Processing Procedures for Form I-140, Immigrant Petition for Alien Workers webpage.

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