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You might be qualified for this immigrant visa choice classification if you are a skilled worker, expert, or other worker.
- Skilled employees are individuals who can carrying out proficient labor and whose task requires at least 2 years training or experience, not of a momentary or seasonal nature. Skilled employees must also fulfill 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 comparable degree and belong to the professions. Their tasks need a minimum of a bachelor's degree. Professionals should also satisfy any educational, training, or experience requirements of the job chance.
- Other workers (likewise called unskilled workers) are individuals capable of performing inexperienced labor whose task requires less than 2 years training or experience, not of a momentary or seasonal nature. Other employees must likewise satisfy any educational, training, or experience requirements of the job opportunity.
Labor Certification
Third choice petitions are usually accompanied by an a signed Form ETA-9089, Application for Permanent Employment Certification, approved by DOL, or, for labor accreditation applications filed 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 learn more, see the Department of Labor's Foreign Labor Certification website.
Petitions for Schedule An occupations are not needed to have a DOL-approved labor certification. This is since DOL has actually already determined there are not adequate U.S. workers for those occupations. Currently, DOL has designated 2 groups of professions under Schedule A. Group I includes professional nurses and physical therapists. Group II consists of beneficiaries with extraordinary capability in the sciences or arts (including college and university instructors) and immigrants of remarkable capability in the carrying out arts. A petition for employment Schedule A designation must be accompanied by a completed, uncertified Form ETA-9089, consisting of all appropriate appendices, a signed Final Determination, and a legitimate prevailing wage decision tracking number in Section E, Item 1 of the uncertified Form ETA-9089. To learn 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 at least 2 years of experience or training.
- You should demonstrate that you have satisfied any job requirements specified on the labor certification (or application for Schedule A designation). This evidence may include main scholastic 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) needs to require a minimum of a U.S. bachelor's or foreign equivalent degree, and a bachelor's degree is the regular requirement for entry into the occupation.
- You should show that you have satisfied any task requirements defined on the labor accreditation (or application for Schedule A designation). This evidence might include official scholastic records and letters from existing or previous employers.
- Education and experience might not be replacemented for a bachelor's degree.
- The labor accreditation need to require less than 2 years training or experience.
- You must show 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 information on required supporting documents and filing costs, see the Form I-140 website (that includes the Form I-140 instructions and info about filing fees) and the Petition Filing and Processing Procedures for Form I-140, Immigrant Petition for Alien Workers website.
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