You might be eligible for this immigrant visa choice category if you are a skilled worker, expert, or employment other employee.
- Skilled workers are individuals who are capable of carrying out experienced labor and whose task needs at least 2 years training or experience, not of a momentary or seasonal nature. Skilled workers must also satisfy any educational, training, or experience requirements of the task chance. Relevant post-secondary education might be considered as training.
- Professionals are persons who hold at least a U.S. bachelor's or foreign comparable degree and belong to the occupations. Their jobs require a minimum of a bachelor's degree. Professionals need to also satisfy any academic, training, or experience requirements of the job opportunity.
- Other employees (also called unskilled employees) are individuals capable of performing common labor whose job needs less than 2 years training or experience, not of a or seasonal nature. Other workers should also fulfill any instructional, training, employment 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, authorized by DOL, or, for labor certification applications submitted 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). To learn more, see the Department of Labor's Foreign Labor employment Certification webpage.
Petitions for Schedule An occupations are not required to have a DOL-approved labor accreditation. This is because DOL has actually currently figured out there are not enough U.S. workers for those occupations. Currently, DOL has designated 2 groups of occupations under Schedule A. Group I consists of professional nurses and physiotherapists. Group II includes beneficiaries with extraordinary capability in the sciences or arts (including college and employment university instructors) and immigrants of exceptional capability in the carrying out arts. A petition for Schedule A designation should be accompanied by a completed, employment uncertified Form ETA-9089, consisting of all relevant 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 learn 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) should need at least 2 years of experience or training.
- You should demonstrate that you have met any task requirements specified on the labor certification (or application for Schedule A designation). This evidence might consist of official academic records and letters from existing or former employers.
- Relevant post-secondary education might be considered as training.
- The labor accreditation (or application for Schedule A designation) needs to need at least a U.S. bachelor's or foreign comparable degree, and employment a bachelor's degree is the normal requirement for entry into the profession.
- You should demonstrate that you have actually met any task requirements defined on the labor accreditation (or application for Schedule A classification). This proof may consist of main academic records and letters from current or previous companies.
- Education and experience may not be substituted for a bachelor's degree.
- The labor accreditation should require less than 2 years training or experience.
- You need to show that you have actually fulfilled any requirements defined on the labor certification.
Immigrant Petition Process
Third choice petitions are submitted using Form I-140, Immigrant Petition for Alien Workers. For info on needed supporting documents and filing charges, see the Form I-140 website (which includes the Form I-140 instructions and information about filing fees) and employment the Petition Filing and Processing Procedures for Form I-140, Immigrant Petition for Alien Workers website.
