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You may be qualified for this immigrant visa choice category if you are a knowledgeable employee, expert, or other worker.
- Skilled workers are persons who are capable of performing skilled labor and whose task needs a minimum of 2 years training or experience, not of a short-lived or seasonal nature. Skilled workers need to also meet any educational, training, or experience requirements of the task opportunity. Relevant post-secondary education may be thought about as training.
- Professionals are individuals who hold at least a U.S. bachelor’s or foreign equivalent degree and belong to the professions. Their tasks require a minimum of a bachelor’s degree. Professionals must likewise satisfy any educational, training, or experience requirements of the task opportunity.
- Other employees (also called inexperienced employees) are individuals efficient in carrying out unskilled labor whose job needs less than 2 years training or experience, not of a momentary or seasonal nature. Other workers need to also fulfill any academic, training, or experience requirements of the task chance.
Labor Certification
Third choice petitions are normally accompanied by an a signed Form ETA-9089, Application for Permanent Employment Certification, authorized by DOL, or, for labor accreditation 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). To find out more, see the Department of Labor’s Foreign Labor Certification website.
Petitions for Schedule An occupations are not required to have a DOL-approved labor accreditation. This is since DOL has currently determined there are not adequate U.S. workers for those professions. Currently, DOL has designated 2 groups of professions under Schedule A. Group I consists of professional nurses and physical therapists. Group II consists of beneficiaries with extraordinary ability in the sciences or arts (including college and university teachers) and immigrants of extraordinary ability in the performing arts. A petition for Schedule A classification needs to be accompanied by a completed, uncertified Form ETA-9089, including all suitable appendices, a signed Final Determination, and job a valid dominating wage decision 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) should need a minimum of 2 years of experience or training.
- You must show that you have actually fulfilled any task requirements specified on the labor certification (or application for Schedule A designation). This proof may include official scholastic records and letters from current or previous companies.
- Relevant post-secondary education may be considered as training.
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