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  • Founded 1906
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Employment-Based Immigration: Third Preference EB-3

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

– Skilled workers are persons who can performing knowledgeable labor and whose task requires at least 2 years training or employment experience, not of a short-term or seasonal nature. Skilled employees need to likewise satisfy any educational, training, or experience requirements of the task opportunity. Relevant post-secondary education may be thought about as training.

– Professionals are individuals who hold at least 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 need to likewise any educational, training, or experience requirements of the task chance.

– Other employees (likewise called inexperienced workers) are individuals capable of performing unskilled work whose job requires less than 2 years training or experience, not of a temporary or seasonal nature. Other workers should also fulfill any educational, training, employment or experience requirements of the task chance.

Labor Certification

Third preference petitions are normally accompanied by an a signed Form ETA-9089, Application for Permanent Employment Certification, employment authorized by DOL, or, employment for labor accreditation applications submitted on or after June 1, 2023, utilizing DOL’s Foreign Labor Application Gateway (FLAG) system, an authorized and signed Form ETA-9089, Final Determination – Permanent Employment Certification Approval (Final Certification). For more details, see the Department of Labor’s Foreign Labor Certification webpage.

Petitions for Schedule A professions are not required to have a DOL-approved labor certification. This is due to the fact that DOL has actually already figured out there are not enough U.S. workers for those occupations. Currently, DOL has designated 2 groups of occupations under Schedule A. Group I consists of professional nurses and employment physical therapists. Group II includes recipients with extraordinary ability in the sciences or arts (including institution of higher learning teachers) and immigrants of extraordinary ability in the performing arts. A petition for Schedule A designation needs to be accompanied by a finished, uncertified Form ETA-9089, consisting of all applicable appendices, a signed Final Determination, and a valid 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, employment Part E, Chapter 7, of the USCIS Policy Manual.

– The labor certification (or application for Schedule A designation) must need a minimum of 2 years of experience or training.

– You need to show that you have met any task requirements defined on the labor accreditation (or application for Schedule A designation). This evidence may include main scholastic records and letters from existing or previous companies.

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

– The labor accreditation (or application for Schedule A classification) should need a minimum of a U.S. bachelor’s or foreign equivalent degree, and a bachelor’s degree is the normal requirement for entry into the profession.

– You must show that you have actually fulfilled any job requirements specified on the labor accreditation (or application for Schedule A designation). This proof may include official academic records and letters from existing or previous companies.

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

– The labor certification must need less than 2 years training or experience.

– You need to show that you have actually satisfied 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 needed supporting paperwork and filing charges, see the Form I-140 webpage (which consists of the Form I-140 guidelines and info about filing charges) and the Petition Filing and Processing Procedures for employment Form I-140, Immigrant Petition for Alien Workers web page.

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