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You may be qualified for this immigrant visa preference classification if you are a proficient employee, expert, or other .
- Skilled workers are individuals who are capable of carrying out competent labor and whose task requires a minimum of 2 years training or experience, not of a short-term or seasonal nature. Skilled employees must likewise meet any instructional, training, or experience requirements of the job chance. Relevant post-secondary education might be considered as training.
- Professionals are persons who hold at least a U.S. bachelor’s or foreign comparable degree and belong to the occupations. Their jobs require a minimum of a bachelor’s degree. Professionals need to likewise satisfy any educational, training, or experience requirements of the job chance.
- Other employees (also called unskilled workers) are persons efficient in carrying out inexperienced labor whose job needs less than 2 years training or experience, not of a short-term or seasonal nature. Other employees need to also meet any academic, training, or experience requirements of the job chance.
Labor Certification
Third preference petitions are typically accompanied by an a signed Form ETA-9089, Application for Permanent Employment Certification, authorized 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). For more details, see the Department of Labor’s Foreign Labor Certification webpage.
Petitions for Schedule An occupations are not required to have a DOL-approved labor certification. This is due to the fact that DOL has currently identified there are not adequate U.S. employees for those professions. Currently, DOL has designated 2 groups of occupations under Schedule A. Group I includes professional nurses and physical therapists. Group II includes recipients with exceptional capability in the sciences or arts (consisting of institution of higher learning instructors) and immigrants of exceptional ability in the carrying out arts. A petition for Schedule A classification should be accompanied by a finished, uncertified Form ETA-9089, including all relevant appendices, a signed Final Determination, and a legitimate prevailing wage determination tracking number in Section E, Item 1 of the uncertified Form ETA-9089. For additional information on Schedule A requirements, see Volume 6, Part E, Chapter 7, of the USCIS Policy Manual.
- The labor accreditation (or application for Schedule A classification) needs to require a minimum of 2 years of experience or training.
- You must show that you have actually fulfilled any job requirements specified on the labor accreditation (or application for Schedule A designation). This proof might include official scholastic records and letters from current or previous companies.
- Relevant post-secondary education might be considered as training.
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