Employment-Based Immigration: Third Preference EB-3

You may be eligible for this immigrant visa choice category if you are a knowledgeable worker, employment expert, or other worker.

- Skilled employees are individuals who can performing proficient labor and whose job requires at least 2 years training or experience, not of a short-term or seasonal nature. Skilled workers should also fulfill any academic, training, or experience requirements of the job chance. Relevant post-secondary education might 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 occupations. Their jobs require a minimum of a bachelor's degree. Professionals must also meet any educational, training, or experience requirements of the task opportunity.

- Other employees (likewise called unskilled employees) are individuals capable of carrying out common labor whose job needs less than 2 years training or experience, employment not of a short-lived or employment seasonal nature. Other employees should also satisfy 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, authorized by DOL, employment or, for labor certification applications submitted on or after June 1, 2023, using DOL's Foreign Labor Application Gateway (FLAG) system, an approved 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 website.

Petitions for employment Schedule An occupations 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 sufficient U.S. employees for those . Currently, DOL has designated 2 groups of occupations under Schedule A. Group I includes professional nurses and physical therapists. Group II consists of beneficiaries with extraordinary capability in the sciences or arts (consisting of college and university instructors) and immigrants of remarkable capability in the carrying out arts. A petition for Schedule A classification must be accompanied by a finished, uncertified Form ETA-9089, including all suitable appendices, a signed Final Determination, and a legitimate dominating wage decision tracking number in Section E, Item 1 of the uncertified Form ETA-9089. For additional information 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 should show that you have actually satisfied any task requirements specified on the labor certification (or application for Schedule A designation). This proof may include official scholastic records and letters from existing or former companies.

- Relevant post-secondary education may be thought about 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 normal requirement for entry into the occupation.

- You must show that you have fulfilled any task requirements specified on the labor accreditation (or application for Schedule A designation). This proof might consist of main academic records and letters from present or previous employers.

- Education and experience might not be substituted for a bachelor's degree.


- The labor accreditation must need less than 2 years training or experience.

- You must demonstrate that you have actually satisfied any requirements specified on the labor certification.


Immigrant Petition Process

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