Employment-Based Immigration: Third Preference EB-3
You may be eligible for this immigrant visa preference category if you are a skilled worker, professional, or other worker.
- “Skilled workers” are persons whose job requires a minimum of 2 years training or work experience, not of a temporary or seasonal nature.
- “Professionals” are persons whose job requires at least a U.S. baccalaureate degree or a foreign equivalent and are a member of the professions. The education and experience may not be substituted for a baccalaureate degree.
- The “other workers” subcategory is for persons performing unskilled labor requiring less than 2 years training or experience, not of a temporary or seasonal nature.
Third preference petitions (EB-2) generally be accompanied by an approved, individual Permanent Labor Certification (PERM) from the Department of Labor (DOL) on Form ETA-9089 for a full-time position. In some cases, the petition may be submitted to U.S. Citizenship and Immigration Service (USCIS) with an uncertified ETA-9089 for consideration as Schedule A occupation such as Physical Therapists; Professional Nurses; Person with Exceptional Ability in the Sciences or Arts; Person with Exceptional Ability Performing Arts.
Labor Certification will have to show that:
- qualified and the willing U.S. workers are not available.
- that the Sponsoring organization will have to offer a permanent full-time job.
- Foreign national is qualified for the position at or before the time Labor Certification is filed.
Some other requirements of Permanent Labor Certification:
- The job requirements for the offered position must represent the employer's actual minimum requirements for the job opportunity.
- The employer must not have hired workers with less training or experience for jobs substantially comparable to that involved in the job opportunity.
- If the foreign-national beneficiary is already employed by the employer, in considering whether the job requirements represent the employer's actual minimums, DOL will review the training and experience possessed by the foreign-national beneficiary at the time of hiring by the employer, including as a contract employee.
- In evaluating whether the foreign-national beneficiary satisfies the employer's actual minimum requirements, DOL will not consider any education or training obtained by the foreign-national beneficiary at the employer's expense unless the employer offers similar training to domestic worker applicants.
- Foreign-national beneficiary was qualified for the offered full-time job at or before the time Labor Certification is filed.
[A “substantially comparable” job or position means a job or position requiring performance of the same job duties more than 50 percent of the
time. This requirement can be documented by furnishing position descriptions, the percentage of time spent on the various duties, organization charts, and payroll records.]
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