You might be qualified for this immigrant visa choice category if you are an experienced worker, employment expert, or other employee.
- Skilled employees are individuals who are capable of carrying out knowledgeable labor and whose job needs at least 2 years training or experience, not of a short-lived or seasonal nature. Skilled employees need to likewise satisfy any educational, training, or experience requirements of the job opportunity.
Relevant post-secondary education might be considered as training.
- Professionals are persons who hold a minimum of a U.S. bachelor's or foreign comparable degree and belong to the professions. Their tasks need a minimum of a bachelor's degree. Professionals must likewise fulfill any instructional, training, or experience requirements of the task chance.
- Other workers (likewise called unskilled workers) are individuals efficient in performing unskilled work whose job needs less than 2 years training or experience, not of a short-term or seasonal nature. Other employees should also satisfy any instructional, training, or experience requirements of the job chance.
Labor Certification
Third preference petitions are usually 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 employment 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 website.
Petitions for Schedule A professions are not required 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. workers for those professions. Currently, DOL has designated 2 groups of professions under Schedule A. Group I consists of expert nurses and physical therapists. Group II consists of recipients with exceptional ability in the sciences or arts (including institution of higher learning teachers) and immigrants of exceptional ability in the performing arts. A petition for Schedule A classification needs to be accompanied by a completed, uncertified Form ETA-9089, employment including all suitable appendices, a signed Final Determination, and a valid 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, of the USCIS Policy Manual.
- The labor certification (or application for Schedule A classification) should need a minimum of 2 years of experience or training.
- You need to demonstrate that you have actually fulfilled any job requirements defined on the labor accreditation (or application for Schedule A designation). This proof might consist of main scholastic records and letters from current or former companies.
- Relevant post-secondary education may be considered as training.
- The labor accreditation (or employment application for Schedule A designation) must require at least a U.S. bachelor's or foreign equivalent degree, and a bachelor's degree is the typical requirement for entry into the profession.
- You should demonstrate that you have actually fulfilled any task requirements specified on the labor accreditation (or application for Schedule A designation). This evidence may include official academic records and letters from current or former companies.
- Education and experience may not be substituted for a bachelor's degree.
- The labor certification should require less than 2 years training or experience.
- You should demonstrate that you have met any requirements specified on the labor accreditation.
Immigrant Petition Process
Third choice petitions are submitted utilizing Form I-140, Immigrant Petition for Alien Workers. For information on required supporting documents and filing charges, see the Form I-140 webpage (that includes the Form I-140 instructions and information about filing fees) and the Petition Filing and Processing Procedures for Form I-140, Immigrant Petition for Alien Workers web page.
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