You might be eligible for this immigrant visa choice classification if you are a skilled worker, professional, or other employee.
- Skilled workers are persons who are capable of carrying out competent labor and whose task requires a minimum of 2 years training or experience, not of a momentary or seasonal nature. Skilled employees should likewise fulfill any instructional, training, or experience requirements of the job chance. Relevant post-secondary education might be thought about as training.
- Professionals are persons who hold a minimum of a U.S. bachelor's or foreign comparable degree and are a member of the occupations. Their tasks require a minimum of a bachelor's degree. Professionals should likewise satisfy any academic, training, or experience requirements of the task opportunity.
- Other workers (also called workers) are persons efficient in performing inexperienced labor whose task needs less than 2 years training or experience, not of a momentary or seasonal nature. Other workers must also fulfill any academic, training, or experience requirements of the task opportunity.
Labor Certification
Third choice petitions are usually accompanied by an a signed Form ETA-9089, Application for Permanent Employment Certification, approved by DOL, or, for labor certification applications submitted on or after June 1, 2023, utilizing DOL's Foreign Labor Application Gateway (FLAG) system, an authorized and signed Form ETA-9089, Final Determination - Permanent Employment Certification Approval (Final Certification). For additional information, see the Department of Labor's Foreign Labor Certification webpage.
Petitions for Schedule A professions are not needed to have a DOL-approved labor accreditation. This is due to the fact that DOL has actually currently determined there are not enough U.S. employees for those professions. Currently, DOL has actually designated 2 groups of occupations under Schedule A. Group I includes professional nurses and physical therapists. Group II includes recipients with remarkable ability in the sciences or arts (consisting of college and university instructors) and immigrants of exceptional ability in the performing arts. A petition for Schedule A classification must be accompanied by a finished, uncertified Form ETA-9089, including all applicable appendices, a signed Final Determination, and a legitimate dominating wage determination 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, employment of the USCIS Policy Manual.
- The labor accreditation (or application for Schedule A classification) must require a minimum of 2 years of experience or training.
- You should demonstrate that you have actually fulfilled any task requirements specified on the labor accreditation (or application for Schedule A classification). This evidence may consist of main academic records and employment letters from existing or previous employers.
- Relevant post-secondary education might be thought about as training.
- The labor accreditation (or application for Schedule A classification) must require a minimum of a U.S. bachelor's or foreign comparable degree, and a bachelor's degree is the normal requirement for entry into the profession.
- You should demonstrate that you have satisfied any job requirements defined on the labor accreditation (or application for Schedule A classification). This evidence may include main scholastic records and letters from existing 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 must show that you have fulfilled any requirements specified on the labor employment accreditation.
Immigrant Petition Process
Third preference petitions are submitted using Form I-140, Immigrant Petition for Alien Workers. For info on needed supporting documentation and filing costs, see the Form I-140 web page (that includes the Form I-140 guidelines and info about filing fees) and the Petition Filing and Processing Procedures for Form I-140, Immigrant Petition for Alien Workers website.