| | :: Employment-Based Immigration (Third Preference)
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 “other workers” subcategory is for persons performing unskilled labor requiring less than 2 years training or experience, not of a temporary or seasonal nature.
:: Eligibility Criteria
Sub-categories | Evidence | Certification | Skilled Workers | | Labor certification and a permanent, full-time job offer required. | Professionals | You must be able to demonstrate that you possess a U.S. baccalaureate degree or foreign degree equivalent, and that a baccalaureate degree is the normal requirement for entry into the occupation You must be performing work for which qualified workers are not available in the United States Education and experience may not be substituted for a baccalaureate degree
| Labor certification and a permanent, full-time job offer required. | Unskilled Workers (Other Workers) | You must be capable, at the time the petition is filed on your behalf, of performing unskilled labor (requiring less than 2 years training or experience), that is not of a temporary or seasonal nature, for which qualified workers are not available in the United States. | Labor certification and a permanent, full-time job offer required. |
:: U.S. Department of Labor's Labor Certification
Third preference petitions must generally be accompanied by an approved, individual labor certification from the Department of Labor on Form ETA-9089. 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, Group I.
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