Employment-Based Immigration: Third Preference EB-3

You may be eligible for this immigrant visa choice category if you are an experienced employee, professional, or other worker.

- Skilled employees are individuals who can performing knowledgeable labor and whose job needs a minimum of 2 years training or employment experience, employment not of a short-lived or seasonal nature. Skilled workers must also fulfill any educational, training, or experience requirements of the task chance. Relevant post-secondary education may 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 professions. Their jobs require a minimum of a bachelor's degree. Professionals need to also meet any instructional, training, or experience requirements of the job opportunity.

- Other workers (also called unskilled employees) are individuals efficient in carrying out inexperienced labor whose job requires less than 2 years training or experience, not of a momentary or seasonal nature. Other workers must likewise meet any instructional, employment training, or experience requirements of the task 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 accreditation applications filed 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). To learn more, employment 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 determined there are not sufficient U.S. employees for those professions. Currently, DOL has actually designated 2 groups of occupations under Schedule A. Group I consists of expert nurses and physical therapists. Group II includes beneficiaries with extraordinary capability in the sciences or arts (consisting of college and university instructors) and immigrants of exceptional ability in the carrying out arts. A petition for employment 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 legitimate dominating wage determination tracking number in Section E, employment Item 1 of the uncertified Form ETA-9089. For more details on Schedule A requirements, see Volume 6, Part E, Chapter 7, of the USCIS Policy Manual.

- The labor accreditation (or employment application for Schedule A classification) must require at least 2 years of experience or training.

- You need to show that you have fulfilled any task requirements specified on the labor accreditation (or application for Schedule A classification). This proof might include main scholastic records and letters from existing or previous employers.

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


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

- You need to show that you have fulfilled any task requirements defined on the labor certification (or application for Schedule A designation). This proof may include official academic records and letters from present or previous companies.

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


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

- You should demonstrate that you have actually satisfied any requirements defined on the labor certification.


Immigrant Petition Process

Third choice petitions are submitted using Form I-140, Immigrant Petition for Alien Workers. For details on required supporting documentation and filing fees, see the Form I-140 webpage (which consists of the Form I-140 guidelines and details about filing costs) and the Petition Filing and Processing Procedures for Form I-140, Immigrant Petition for Alien Workers website.