Employment-Based Immigration: Third Preference EB-3

You might be qualified for this immigrant visa preference classification if you are a proficient employee, expert, or other employee.

- Skilled workers are individuals who are capable of performing skilled labor and whose task requires at least 2 years training or experience, not of a temporary or seasonal nature. Skilled employees need to also satisfy any educational, training, or experience requirements of the job chance. Relevant post-secondary education may be considered as training.

- Professionals are persons who hold a minimum of a U.S. bachelor's or employment foreign equivalent degree and belong to the occupations. Their tasks require a minimum of a bachelor's degree. Professionals should also fulfill any instructional, training, or experience requirements of the job chance.

- Other employees (likewise called inexperienced workers) are individuals capable of performing unskilled work whose task needs less than 2 years training or experience, not of a short-term or seasonal nature. Other workers should also satisfy any educational, training, or experience requirements of the job opportunity.


Labor Certification

Third choice petitions are generally accompanied by an a signed Form ETA-9089, Application for Permanent Employment Certification, approved by DOL, or, for labor certification applications filed 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 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 accreditation. This is since DOL has actually currently figured out there are not sufficient U.S. workers for those occupations. Currently, DOL has designated 2 groups of occupations under Schedule A. Group I consists of expert nurses and physical therapists. Group II includes recipients with exceptional capability in the sciences or arts (consisting of institution of higher learning instructors) and immigrants of remarkable capability in the performing arts. A petition for Schedule A designation must be accompanied by a completed, uncertified Form ETA-9089, including all applicable appendices, a signed Final Determination, and a valid prevailing wage decision tracking number in Section E, employment Item 1 of the uncertified Form ETA-9089. To find out more 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) 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 evidence may consist of main academic records and letters from current or former companies.

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


- The labor certification (or application for Schedule A classification) must require a minimum of a U.S. bachelor's or foreign comparable degree, and a bachelor's degree is the regular requirement for entry into the profession.

- You must show that you have met any job requirements defined on the labor accreditation (or application for Schedule A designation). This evidence might include main scholastic records and letters from existing or employment former companies.

- Education and experience might not be replaced for a .


- The labor certification should require less than 2 years training or experience.

- You must demonstrate that you have actually fulfilled any requirements specified on the labor employment accreditation.


Immigrant Petition Process

Third choice petitions are submitted utilizing Form I-140, Immigrant Petition for Alien Workers. For details on required supporting paperwork and filing fees, employment see the Form I-140 webpage (that includes the Form I-140 instructions and employment information about filing fees) and the Petition Filing and Processing Procedures for Form I-140, Immigrant Petition for Alien Workers web page.