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 who are capable of performing skilled labor and whose job requires at least 2 years training or experience, not of a temporary or seasonal nature. Skilled workers must also meet any educational, training, or experience requirements of the job opportunity. Relevant post-secondary education may be considered as training.
- Professionals are persons who hold at least 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 must also meet any educational, training, or experience requirements of the job opportunity.
- Other workers (also called unskilled workers) are persons capable of performing unskilled labor whose job requires less than 2 years training or experience, not of a temporary or seasonal nature. Other workers must also meet any educational, training, or experience requirements of the job opportunity.
Labor Certification
Third preference petitions are usually accompanied by an a signed Form ETA-9089, Application for Permanent Employment Certification, approved by DOL, or, for labor certification applications filed on or after June 1, 2023, using DOL’s Foreign Labor Application Gateway (FLAG) system, an approved and signed Form ETA-9089, Final Determination – Permanent Employment Certification Approval (Final Certification). For more information, see the Department of Labor’s Foreign Labor Certification webpage.
Petitions for Schedule A occupations are not required to have a DOL-approved labor certification. This is because DOL has already determined there are not sufficient U.S. workers for those occupations. Currently, DOL has designated 2 groups of occupations under Schedule A. Group I includes professional nurses and physical therapists. Group II includes beneficiaries with exceptional ability in the sciences or arts (including college and university teachers) and immigrants of exceptional ability 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 prevailing wage determination tracking number in Section E, Item 1 of the uncertified Form ETA-9089. For more information on Schedule A requirements, see Volume 6, Part E, Chapter 7, of the USCIS Policy Manual.
| Sub-category | Evidence | Job Offer and Labor Certification |
|---|---|---|
| Skilled Workers |
| Labor certification (or application for Schedule A designation) and a permanent, full-time job offer from a U.S. employer required. |
| Professionals |
| Labor certification (or application for Schedule A designation) and a permanent, full-time job offer from a U.S. employer required. |
| Unskilled Workers (Other Workers) |
| Labor certification and a permanent, full-time job offer from a U.S. employer required. |
Immigrant Petition Process
Third preference petitions are filed using Form I-140, Immigrant Petition for Alien Workers. For information on required supporting documentation and filing fees, see the Form I-140 webpage (which includes the Form I-140 instructions and information about filing fees) and the Petition Filing and Processing Procedures for Form I-140, Immigrant Petition for Alien Workers webpage.
Family Members
If your I-140 petition is approved, your spouse and unmarried children under the age of 21 may be eligible to apply with or after you for admission to the United States as lawful permanent residents based on your approval.
More Information
- USCIS Policy Manual, Volume 6, Part F, Chapter 7, Skilled Worker, Professional, or Other Worker
- Title 8, Section 204.5 of the Code of Federal Regulations (8 CFR 204.5)
- Title 20, Part 656 of the Code of Federal Regulations (20 CFR 656)
- Business Immigration USCIS Press Releases
- Health Care Worker Certification