You might be qualified for this immigrant visa choice category if you are a skilled employee, expert, or other employee.
- Skilled employees are individuals who can performing knowledgeable labor and whose job needs a minimum of 2 years training or experience, not of a short-term or seasonal nature. Skilled workers must likewise meet any educational, training, or experience requirements of the job chance. Relevant post-secondary education may be thought about as training.
- Professionals are persons who hold at least a U.S. bachelor's or employment foreign comparable degree and are a member of the occupations. Their jobs need a minimum of a bachelor's degree. Professionals must also fulfill any instructional, training, or experience requirements of the task chance.
- Other employees (also called inexperienced employees) are persons efficient in carrying out unskilled labor whose job requires less than 2 years training or experience, not of a momentary or seasonal nature. Other employees need to likewise meet any instructional, training, or experience requirements of the job chance.
Labor Certification
Third preference 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, utilizing 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 needed to have a DOL-approved labor accreditation. This is due to the fact that DOL has actually already figured out there are not adequate U.S. employees for those professions. Currently, DOL has actually designated 2 groups of occupations under Schedule A. Group I consists of professional nurses and physiotherapists. Group II includes recipients with extraordinary capability in the sciences or arts (including institution of higher learning instructors) and immigrants of remarkable capability in the performing arts. A petition for Schedule A designation should be accompanied by a finished, uncertified Form ETA-9089, consisting of all appropriate appendices, a signed Final Determination, and a valid dominating 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 designation) needs to need at least 2 years of experience or training.
- You must demonstrate that you have actually satisfied any task requirements specified on the labor accreditation (or application for Schedule A classification). This proof might consist of official academic records and letters from existing or former companies.
- Relevant post-secondary education may be thought about as training.
- The labor certification (or application for Schedule A classification) must require 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 profession.
- You must show that you have actually satisfied any job requirements specified on the labor certification (or application for Schedule A classification). This evidence may consist of main scholastic records and letters from existing or previous employers.
- Education and might not be replacemented for a bachelor's degree. - The labor certification should require less than 2 years training or experience.
- You must demonstrate that you have fulfilled any requirements specified on the labor accreditation.
Immigrant Petition Process
Third choice petitions are filed utilizing Form I-140, Immigrant Petition for Alien Workers. For details on required supporting documentation and filing fees, see the Form I-140 web page (that includes the Form I-140 guidelines and info about filing costs) and the Petition Filing and Processing Procedures for Form I-140, Immigrant Petition for Alien Workers website.