You may be eligible for this immigrant visa preference category if you are an experienced employee, professional, or other worker.
- Skilled employees are individuals who can performing knowledgeable labor and whose job requires at least 2 years training or experience, not of a short-term or seasonal nature. Skilled employees must also fulfill any academic, training, or experience requirements of the job chance. Relevant post-secondary education might be thought about as training.
- Professionals are individuals who hold a minimum of a U.S. bachelor's or foreign equivalent degree and belong to the professions. Their tasks need a minimum of a bachelor's degree. Professionals should also satisfy any instructional, training, or experience requirements of the job opportunity.
- Other employees (also called unskilled employees) are persons efficient in performing unskilled labor whose job requires less than 2 years or experience, not of a short-term or seasonal nature. Other workers need to also satisfy any educational, employment 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, employment for labor accreditation applications submitted on or after June 1, 2023, using DOL's Foreign Labor Application Gateway (FLAG) system, an authorized and signed Form ETA-9089, Final Determination - Permanent Employment Certification Approval (Final Certification). To find out more, see the Department of Labor's Foreign Labor Certification web page.
Petitions for Schedule An occupations are not required to have a DOL-approved labor certification. This is since DOL has already identified 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 expert nurses and physiotherapists. Group II includes recipients with remarkable capability 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 designation must be accompanied by a finished, uncertified Form ETA-9089, consisting of all relevant appendices, a signed Final Determination, and a legitimate prevailing wage decision tracking number in Section E, Item 1 of the uncertified Form ETA-9089. For more information on Schedule A requirements, see Volume 6, Part E, Chapter 7, of the USCIS Policy Manual.
- The labor certification (or employment application for Schedule A designation) needs to require at least 2 years of experience or training.
- You need to show that you have actually fulfilled any job requirements defined on the labor accreditation (or application for Schedule A classification). This evidence might include main academic records and letters from current or former companies.
- Relevant post-secondary education may be considered as training.
- The labor certification (or application for Schedule A classification) should need 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 need to show that you have actually satisfied any job requirements specified on the labor accreditation (or application for Schedule A designation). This evidence might include official scholastic records and letters from present or former employers.
- Education and experience may not be alternatived to a bachelor's degree. - The labor certification must require less than 2 years training or experience.
- You need to demonstrate that you have actually met any requirements defined on the labor accreditation.
Immigrant Petition Process
Third choice petitions are filed utilizing Form I-140, Immigrant Petition for Alien Workers. For information on required supporting documentation and filing charges, see the Form I-140 website (which consists of the Form I-140 directions and details about filing costs) and the Petition Filing and Processing Procedures for Form I-140, Immigrant Petition for Alien Workers web page.