You might be eligible for this immigrant visa preference category if you are a proficient worker, professional, employment or other employee.
- Skilled workers are persons who can carrying out experienced labor and whose job needs at least 2 years training or experience, not of a short-term or seasonal nature. Skilled workers should likewise fulfill any instructional, training, or experience requirements of the job opportunity. Relevant post-secondary education might be thought about as training.
- Professionals are persons who hold at least a U.S. bachelor's or foreign comparable degree and are a member of the professions. Their jobs require a minimum of a bachelor's degree. Professionals should also meet any instructional, training, or experience requirements of the task opportunity.
- Other employees (likewise called inexperienced employees) are persons capable of performing unskilled work whose job needs less than 2 years training or experience, not of a short-lived or seasonal nature. Other workers need to also satisfy any academic, training, or experience requirements of the task opportunity.
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 certification applications filed on or after June 1, 2023, using DOL's Foreign Labor Application Gateway (FLAG) system, employment an authorized and signed Form ETA-9089, Final Determination - Permanent Employment Certification Approval (Final Certification). For more info, see the Department of Labor Certification website.
Petitions for Schedule An occupations are not required to have a DOL-approved labor certification. This is since DOL has actually already determined there are not sufficient U.S. workers for those occupations. Currently, DOL has actually designated 2 groups of occupations under Schedule A. Group I includes professional nurses and physical therapists. Group II consists of beneficiaries with remarkable capability in the sciences or arts (consisting of institution of higher learning instructors) and immigrants of extraordinary capability in the performing arts. A petition for Schedule A designation needs to be accompanied by a finished, uncertified Form ETA-9089, consisting of all relevant appendices, a signed Final Determination, and a legitimate prevailing wage decision tracking number in Section E, 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 classification) should need at least 2 years of experience or training.
- You must show that you have met any job requirements defined on the labor certification (or application for Schedule A classification). This proof might include official scholastic records and letters from existing or former companies.
- Relevant post-secondary education might be considered as training.
- The labor accreditation (or application for Schedule A designation) should need a minimum of a U.S. bachelor's or foreign equivalent degree, and a bachelor's degree is the typical requirement for entry into the occupation.
- You should show that you have satisfied any task requirements defined on the labor certification (or application for Schedule A classification). This proof might include main scholastic records and letters from present or former employers.
- 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 should demonstrate that you have actually satisfied any requirements specified on the labor certification.
Immigrant Petition Process
Third choice petitions are submitted using Form I-140, Immigrant Petition for Alien Workers. For details on needed supporting paperwork and filing charges, see the Form I-140 web page (which consists of the Form I-140 directions and info about filing costs) and the Petition Filing and Processing Procedures for Form I-140, Immigrant Petition for employment Alien Workers web page.