You may be eligible for this immigrant visa preference classification if you are a proficient worker, professional, employment or other employee.
- Skilled workers are persons who are capable of carrying out proficient labor and whose job needs at least 2 years training or experience, not of a momentary or seasonal nature. Skilled employees must likewise fulfill any educational, training, or experience requirements of the job opportunity. Relevant post-secondary education may be considered as training.
- Professionals are persons who hold at least a U.S. bachelor's or foreign equivalent degree and belong to the occupations. Their jobs need a minimum of a bachelor's degree. Professionals need to also satisfy any instructional, training, or experience requirements of the job opportunity.
- Other employees (likewise called inexperienced employees) are individuals capable of performing unskilled labor whose task requires less than 2 years training or experience, not of a momentary or seasonal nature. Other employees must also satisfy any instructional, training, or experience requirements of the task chance.
Labor Certification
Third preference petitions are usually 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, 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 Schedule An occupations are not required to have a DOL-approved labor certification. This is because DOL has already determined there are not adequate U.S. workers for those professions. Currently, DOL has designated 2 groups of occupations under Schedule A. Group I consists of expert nurses and physical therapists. Group II consists of recipients with remarkable ability in the sciences or arts (including college and university instructors) and immigrants of exceptional capability in the carrying out arts. A petition for Schedule A classification should be accompanied by a completed, uncertified Form ETA-9089, including all applicable appendices, a signed Final Determination, employment and a legitimate prevailing wage determination 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) needs to require a minimum of 2 years of experience or training.
- You must demonstrate that you have actually fulfilled any job requirements defined on the labor certification (or employment application for Schedule A classification). This proof may consist of main academic records and letters from current or previous companies.
- Relevant post-secondary education might be thought about as training.
- The labor certification (or application for Schedule A designation) needs to require at least a U.S. bachelor's or foreign equivalent degree, and a bachelor's degree is the regular requirement for entry into the occupation.
- You need to show that you have met any job requirements defined on the labor accreditation (or application for Schedule A designation). This evidence might consist of official scholastic records and letters from present or previous employers.
- Education and experience may not be for a bachelor's degree. - The labor certification should need less than 2 years training or experience.
- You need to show that you have actually met any requirements specified on the labor accreditation.
Immigrant Petition Process
Third choice petitions are submitted using Form I-140, Immigrant Petition for Alien Workers. For details on needed supporting documents and filing costs, see the Form I-140 webpage (which includes the Form I-140 instructions and information about filing charges) and the Petition Filing and Processing Procedures for Form I-140, Immigrant Petition for Alien Workers website.