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Employment-Based Immigration: Third Preference EB-3
The EB-3 Third Preference visa classification offers a pathway to permanent residency for individuals who meet specific professional and occupational criteria. This category encompasses skilled workers with at least two years of training or experience, professionals holding a U.S. bachelor’s degree or its foreign equivalent, and other workers performing unskilled labor that is not temporary or seasonal in nature. Successful applicants must secure a permanent, full-time job offer from a U.S. employer and typically require labor certification to demonstrate that no qualified U.S. workers are available for the role.
Skilled Workers are individuals qualified to perform specialized labor that demands at least two years of training or relevant work experience, with positions that are neither temporary nor seasonal. In some cases, post-secondary education may be considered equivalent to training. Applicants must satisfy all academic, professional, and experiential prerequisites specified by the U.S. job offer.
Professionals include candidates holding at least a U.S. bachelor’s degree—or an equivalent foreign qualification—in a professional field. Their positions require a minimum of a bachelor’s degree as an entry-level standard. Similar to skilled workers, professionals must meet all educational, experience, and licensing requirements outlined for the offered role.
Other Workers (often referred to as unskilled laborers) are individuals able to carry out positions requiring less than two years of training or experience, provided the role is permanent and not seasonal. Even for these roles, applicants must meet any minimum education, training, or work experience requirements set forth by the employer.
This classification enables U.S. employers to address labor shortages while offering qualified foreign nationals a viable route to permanent residency.
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Labor Certification for Employment-Based Third Preference Immigration
In the context of U.S. employment-based immigration, third preference (EB-3) petitions are typically supported by a certified Form ETA-9089, Application for Permanent Employment Certification, authorized by the U.S. Department of Labor (DOL). For applications filed on or after June 1, 2023, the certification process is conducted via the DOL’s Foreign Labor Application Gateway (FLAG) system, resulting in an officially approved and signed Final Determination – Permanent Employment Certification Approval. Detailed guidelines and procedural updates are available on the Department of Labor’s Foreign Labor Certification resource page.
However, petitions involving Schedule A occupations are exempt from the traditional labor certification process. This exemption exists because the DOL has already determined that there is a shortage of qualified U.S. workers in these roles. Presently, Schedule A is divided into two categories:
Group I: Professional registered nurses and licensed physical therapists.
Group II: Individuals possessing exceptional ability in the sciences or arts, including college or university faculty, as well as those with exceptional talent in the performing arts.
A petition seeking a Schedule A designation must include a completed but uncertified Form ETA-9089 (with all relevant appendices), a signed Final Determination, and a valid prevailing wage determination tracking number referenced in Section E, Item 1 of the form. For in-depth procedural requirements, applicants should review Volume 6, Part E, Chapter 7 of the USCIS Policy Manual.
Eligibility Requirements
Skilled Workers
Applicants must present a labor certification (or Schedule A application) indicating that the role requires a minimum of two years of relevant experience or specialized training. Evidence of meeting the job prerequisites can include official academic records or verified letters from previous employers. Post-secondary education directly related to the role may be accepted as training. A permanent, full-time job offer from a U.S. employer is mandatory.
Professionals
Positions in this category require at least a U.S. bachelor’s degree or its foreign equivalent, with the degree being the standard entry requirement for the occupation. Applicants must provide proof that they satisfy all job requirements stated on the labor certification or Schedule A application, such as academic transcripts and employer references. Unlike in the skilled worker category, education and experience cannot be substituted for the bachelor’s degree requirement. A permanent, full-time job offer is essential.
Unskilled (Other) Workers
These roles require less than two years of training or experience. Applicants must demonstrate that they meet the listed job qualifications in the labor certification. A permanent, full-time job offer from a U.S. employer is required.
Petition Process
Third preference immigrant petitions are initiated by filing Form I-140, Immigrant Petition for Alien Workers. Applicants should consult the official Form I-140 instructions and fee schedule, as well as the USCIS Petition Filing and Processing Procedures guidelines, to ensure proper submission and compliance.
Family Immigration Benefits
When an I-140 petition is approved, the principal applicant’s spouse and unmarried children under 21 years of age may also qualify for lawful permanent residency in the United States. They may apply for admission concurrently with or after the principal applicant’s approval.
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when an unknown printer took a galley of type and scrambled it to make a type specimen book. It has surived not only five centuries, but also the leap into electronic typesetting, remaining …