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You may be eligible for this immigrant visa preference category if you are an experienced employee, professional, or other employee.
- Skilled workers are individuals who are capable of performing experienced labor and whose job needs at least 2 years training or experience, not of a momentary or seasonal nature. Skilled workers must likewise satisfy any academic, training, or experience requirements of the job chance. Relevant post-secondary education may be thought about as training.
- Professionals are persons who hold at least a U.S. bachelor’s or foreign comparable degree and are a member of the occupations. Their jobs need a minimum of a bachelor’s degree. Professionals need to also meet any instructional, training, or experience requirements of the job chance.
- Other employees (also called unskilled employees) are persons efficient in carrying out unskilled labor whose job requires less than 2 years training or experience, not of a short-term or seasonal nature. Other workers should likewise meet any educational, training, or experience requirements of the job chance.
Labor Certification
Third choice petitions are typically accompanied by an a signed Form ETA-9089, Application for Permanent Employment Certification, authorized by DOL, or, for labor certification applications submitted on or after June 1, 2023, utilizing DOL’s Foreign Labor Application Gateway (FLAG) system, an authorized and signed Form ETA-9089, Final Determination - Permanent Employment Certification Approval (Final Certification). For additional information, see the Department of Labor’s Foreign Labor Certification website.
Petitions for Schedule A professions are not needed to have a DOL-approved labor accreditation. This is due to the fact that DOL has actually already figured out there are not enough U.S. workers for those occupations. Currently, DOL has designated 2 groups of professions under Schedule A. Group I includes expert nurses and physical therapists. Group II includes beneficiaries with remarkable capability in the sciences or arts (consisting of college and university instructors) and immigrants of remarkable ability in the performing arts. A petition for Schedule A must be accompanied by a completed, uncertified Form ETA-9089, consisting of all relevant appendices, a signed Final Determination, and a valid prevailing 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 classification) needs to need a minimum of 2 years of experience or training.
- You must demonstrate that you have fulfilled any task requirements specified on the labor accreditation (or application for Schedule A designation). This proof might consist of official scholastic records and letters from present or former employers.
- Relevant post-secondary education might be considered as training.
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