You may be qualified for this immigrant visa preference classification if you are a knowledgeable worker, expert, or employment other employee.
- Skilled workers are individuals who can performing proficient labor and whose job needs a minimum of 2 years training or experience, not of a momentary or seasonal nature. need to also satisfy any instructional, training, employment or experience requirements of the task chance. Relevant post-secondary education might be considered as training.
- Professionals are individuals who hold at least 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 need to likewise satisfy any instructional, training, or experience requirements of the task opportunity.
- Other employees (also called inexperienced workers) are persons capable of performing inexperienced labor whose job needs less than 2 years training or experience, not of a momentary or seasonal nature. Other workers must likewise meet any instructional, training, or experience requirements of the job chance.
Labor Certification
Third choice petitions are normally accompanied by an a signed Form ETA-9089, Application for Permanent Employment Certification, authorized by DOL, or, for labor certification applications submitted 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 more details, see the Department of Labor's Foreign Labor Certification website.
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 determined there are not sufficient U.S. workers for those professions. Currently, DOL has designated 2 groups of professions under Schedule A. Group I consists of expert nurses and physiotherapists. Group II includes recipients with remarkable capability in the sciences or arts (including institution of higher learning instructors) and immigrants of extraordinary ability in the performing arts. A petition for Schedule A designation must 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. 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) should need a minimum of 2 years of experience or training.
- You should show that you have actually met any job requirements specified on the labor certification (or application for Schedule A classification). This proof might consist of main academic records and letters from present or former companies.
- Relevant post-secondary education might be thought about as training.
- The labor certification (or application for Schedule A classification) should require 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 should demonstrate that you have fulfilled any task requirements defined on the labor accreditation (or application for Schedule A classification). This proof may include main scholastic records and letters from present or former employers.
- Education and experience might not be substituted 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 met any requirements defined on the labor employment certification.
Immigrant Petition Process
Third preference petitions are submitted using Form I-140, Immigrant Petition for Alien Workers. For information on needed supporting paperwork and filing charges, see the Form I-140 webpage (which consists of the Form I-140 directions and info about filing charges) and the Petition Filing and Processing Procedures for Form I-140, Immigrant Petition for Alien Workers web page.