World Association of Master Chefs

Employment-Based Immigration: Third Preference EB-3

You might be eligible for this immigrant visa preference category if you are an experienced employee, expert, employment or other worker.

– Skilled workers are individuals who are capable of carrying out skilled labor and whose task needs at least 2 years training or experience, not of a short-term or seasonal nature. Skilled employees must likewise satisfy any academic, training, or experience requirements of the task opportunity. Relevant post-secondary education might be considered as training.

– Professionals are who hold at least a U.S. bachelor’s or foreign comparable degree and belong to the professions. Their jobs require a minimum of a bachelor’s degree. Professionals must also meet any educational, training, or experience requirements of the job chance.

– Other employees (likewise called inexperienced workers) are individuals efficient in carrying out unskilled work whose task requires less than 2 years training or experience, not of a temporary or seasonal nature. Other workers need to also satisfy any academic, training, or experience requirements of the task chance.

Labor employment Certification

Third choice petitions are generally accompanied by an a signed Form ETA-9089, Application for Permanent Employment Certification, employment authorized by DOL, or, for labor accreditation applications submitted on or after June 1, 2023, using DOL’s Foreign Labor Application Gateway (FLAG) system, an authorized and employment signed Form ETA-9089, Final Determination – Permanent Employment Certification Approval (Final Certification). For additional information, see the Department of Labor’s Foreign Labor Certification web page.

Petitions for Schedule A professions are not needed to have a DOL-approved labor accreditation. This is since DOL has already figured out there are not adequate U.S. employees for those occupations. Currently, DOL has actually designated 2 groups of occupations under Schedule A. Group I includes professional nurses and physical therapists. Group II includes beneficiaries with extraordinary capability in the sciences or arts (consisting of college and university instructors) and immigrants of remarkable capability in the performing arts. A petition for Schedule A designation must be accompanied by a completed, uncertified Form ETA-9089, including all applicable appendices, a signed Final Determination, and a valid dominating wage determination tracking number in Section E, Item 1 of the uncertified Form ETA-9089. To find out more on Schedule A requirements, see Volume 6, Part E, Chapter 7, of the USCIS Policy Manual.

– The labor certification (or application for Schedule A designation) should need a minimum of 2 years of experience or training.

– You must show that you have satisfied any task requirements specified on the labor employment accreditation (or application for Schedule A classification). This evidence might include main academic records and letters from present or previous employers.

– Relevant post-secondary education may be thought about as training.

– The labor accreditation (or application for Schedule A designation) should need a minimum of a U.S. bachelor’s or foreign equivalent degree, and a bachelor’s degree is the normal requirement for entry into the profession.

– You need to show that you have actually met any job requirements defined on the labor accreditation (or application for Schedule A designation). This evidence may consist of official academic records and letters from existing or previous employers.

– Education and employment experience may not be alternatived to a bachelor’s degree.

– The labor certification must require less than 2 years training or experience.

– You should demonstrate that you have actually fulfilled 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 details on required supporting paperwork and filing costs, see the Form I-140 webpage (that includes the Form I-140 instructions and information about filing charges) and the Petition Filing and Processing Procedures for Form I-140, Immigrant Petition for Alien Workers webpage.