You may be eligible for this immigrant visa choice category if you are a skilled worker, professional, trademarketclassifieds.com or other employee.
- Skilled employees are persons who can labor and whose task requires at least 2 years training or experience, not of a momentary or seasonal nature. Skilled employees must also fulfill any academic, training, or experience requirements of the job chance. Relevant post-secondary education might be considered as training.
- Professionals are individuals who hold a minimum of a U.S. bachelor's or foreign equivalent degree and are a member of the professions. Their jobs need a minimum of a bachelor's degree. Professionals must also satisfy any academic, training, or experience requirements of the task chance.
- Other workers (likewise called inexperienced employees) are individuals efficient in carrying out common labor whose job requires less than 2 years training or experience, not of a temporary or seasonal nature. Other workers must also satisfy any educational, training, or experience requirements of the task chance.
Labor Certification
Third preference petitions are generally accompanied by an a signed Form ETA-9089, Application for Permanent Employment Certification, authorized by DOL, or, for labor accreditation applications filed 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 more details, see the Department of Labor's Foreign Labor Certification web page.
Petitions for Schedule An occupations are not needed to have a DOL-approved labor certification. This is because DOL has actually currently figured out there are not adequate U.S. workers for those occupations. Currently, DOL has actually designated 2 groups of occupations under Schedule A. Group I includes professional nurses and physiotherapists. Group II includes recipients with remarkable ability in the sciences or arts (including college and university teachers) and immigrants of exceptional ability in the carrying out arts. A petition for Schedule A classification needs to be accompanied by a completed, uncertified Form ETA-9089, including all appropriate appendices, a signed Final Determination, and a legitimate 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 certification (or application for Schedule A classification) should require at least 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 proof might include main scholastic records and letters from existing or previous companies.
- Relevant post-secondary education may be considered as training.
- The labor accreditation (or application for Schedule A classification) needs to need 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 met any job requirements specified on the labor accreditation (or application for Schedule A classification). This evidence might consist of official academic records and letters from present or former employers.
- Education and experience may not be replacemented for a bachelor's degree. - The labor accreditation should require less than 2 years training or experience.
- You must demonstrate that you have actually satisfied any requirements defined on the labor accreditation.
Immigrant Petition Process
Third choice petitions are submitted utilizing Form I-140, Immigrant Petition for Alien Workers. For info on needed supporting documents and filing fees, see the Form I-140 website (that includes the Form I-140 guidelines and information about filing fees) and the Petition Filing and Processing Procedures for Form I-140, Immigrant Petition for Alien Workers web page.