You might be qualified for this immigrant visa preference classification if you are a competent employee, expert, or other employee.
- Skilled workers are individuals who can performing knowledgeable labor and whose task requires at least 2 years training or experience, not of a short-lived or seasonal nature. Skilled workers need to likewise meet any instructional, training, or experience requirements of the task 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 equivalent degree and are a member of the professions. Their jobs require a minimum of a bachelor's degree. Professionals need to likewise meet any educational, training, or experience requirements of the task opportunity.
- Other workers (likewise called unskilled employees) are individuals efficient in carrying out unskilled work whose job needs less than 2 years training or experience, not of a momentary or seasonal nature. Other employees must also meet any academic, training, employment or experience requirements of the job opportunity.
Labor Certification
Third preference petitions are typically accompanied by an a signed Form ETA-9089, Application for Permanent Employment Certification, authorized by DOL, or, for labor certification applications filed on or employment after June 1, 2023, using DOL's Foreign Labor employment 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 website.
Petitions for Schedule An occupations are not needed to have a DOL-approved labor certification. This is because DOL has actually currently determined there are not sufficient U.S. workers for those professions. Currently, DOL has designated 2 groups of occupations under Schedule A. Group I includes professional nurses and physiotherapists. Group II includes beneficiaries with exceptional ability in the sciences or arts (including college and university instructors) and immigrants of exceptional capability in the carrying out arts. A petition for Schedule A designation needs to be accompanied by a completed, 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. For additional information 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) must require at least 2 years of experience or training.
- You must show that you have satisfied any job requirements specified on the labor certification (or application for Schedule A designation). This proof may include official scholastic records and letters from current or previous companies.
- Relevant post-secondary education might be considered as training.
- The labor certification (or application for Schedule A designation) should require at least a U.S. bachelor's or foreign comparable degree, and a bachelor's degree is the typical requirement for entry into the profession.
- You need to demonstrate that you have actually fulfilled any job requirements specified on the labor accreditation (or application for Schedule A classification). This evidence may include main academic records and letters from present or previous employers.
- Education and experience might not be substituted for a bachelor's degree. - The labor certification must need less than 2 years training or experience.
- You need to demonstrate that you have fulfilled any requirements defined on the labor accreditation.
Immigrant Petition Process
Third choice petitions are Form I-140, Immigrant Petition for Alien Workers. For information on required supporting documentation and filing charges, see the Form I-140 webpage (which includes the Form I-140 directions and info about filing costs) and the Petition Filing and Processing Procedures for Form I-140, Immigrant Petition for Alien Workers website.