You might be qualified for this immigrant visa preference classification if you are a competent worker, expert, or other employee.
- Skilled workers are persons who can performing knowledgeable labor and whose task requires a minimum of 2 years training or experience, not of a short-lived or seasonal nature. Skilled employees need to also meet any instructional, training, or experience requirements of the task opportunity. 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 occupations. Their tasks need a minimum of a bachelor's degree. Professionals must likewise fulfill any academic, training, or experience requirements of the task chance.
- Other employees (likewise called inexperienced workers) are individuals capable of performing unskilled labor whose job needs less than 2 years training or experience, not of a momentary or seasonal nature. Other employees need to likewise satisfy any academic, training, or experience requirements of the task opportunity.
Labor Certification
Third preference petitions are normally accompanied by an a signed Form ETA-9089, Application for Permanent Employment Certification, authorized by DOL, or, for employment labor certification applications submitted on or after June 1, 2023, utilizing DOL's Labor Application Gateway (FLAG) system, an approved and signed Form ETA-9089, Final Determination - Permanent Employment Certification Approval (Final Certification). For more info, see the Department of Labor's Foreign Labor Certification webpage.
Petitions for Schedule An occupations are not needed to have a DOL-approved labor accreditation. This is since DOL has actually currently determined there are not sufficient U.S. workers for those occupations. Currently, DOL has designated 2 groups of professions under Schedule A. Group I includes professional nurses and physical therapists. Group II consists of beneficiaries with extraordinary ability in the sciences or arts (consisting of institution of higher learning teachers) and immigrants of remarkable capability in the carrying out arts. A petition for Schedule A classification should be accompanied by a finished, uncertified Form ETA-9089, consisting of all suitable appendices, a signed Final Determination, and a valid 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 certification (or application for Schedule A classification) must need a minimum of 2 years of experience or training.
- You need to show that you have actually met any task requirements specified on the labor certification (or application for Schedule A designation). This evidence may include official scholastic records and letters from current or former employers.
- Relevant post-secondary education may be thought about as training.
- The labor accreditation (or application for Schedule A classification) should 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 profession.
- You should show that you have met any job 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 previous employers.
- Education and experience might not be replacemented for a bachelor's degree. - The labor accreditation should need less than 2 years training or experience.
- You should show that you have actually satisfied any requirements specified on the labor accreditation.
Immigrant Petition Process
Third preference petitions are submitted using Form I-140, Immigrant Petition for Alien Workers. For details on required supporting paperwork and filing costs, see the Form I-140 webpage (that includes the Form I-140 guidelines and information about filing costs) and the Petition Filing and Processing Procedures for Form I-140, Immigrant Petition for Alien Workers web page.