You may be eligible for this immigrant visa preference category if you are a skilled worker, professional, or other worker. 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.
| Sub-categories | Evidence | Process |
| Skilled Workers | You must be able to demonstrate that you possess at least 2 years of job experience, education, or training that meets the job requirements specified on the labour certification. Relevant post-secondary education may be considered as training. You must be performing work for which qualified workers are not available in the United States. | Your employer (petitioner) must file a Form I-140, Immigrant Petition for Alien Workers. As part of the application process, your employer must be able to demonstrate a continuing ability to pay the offered wage as of the priority date. Your employer may use an annual report, federal income tax return, or audited financial statement to demonstrate a continuing ability to pay your wage. |
| Professionals | You must demonstrate that you possess a U.S. baccalaureate or foreign equivalent degree and that a baccalaureate degree is a 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. You must meet any other requirements specified on the labour certification. | |
| Unskilled Workers (Other Workers) | You must demonstrate the ability to perform unskilled labour (requiring less than 2 years of training or experience), that is not of a temporary or seasonal nature. You must be performing work for which qualified workers are not available in the United States. You must meet any other requirements specified on the labour certification. |
Family of EB-3 Visa Holders
If your I-140 petition is approved, your spouse and unmarried children under the age of 21 may be eligible to apply for admission to the United States in E34 (spouse of a “skilled worker” or “professional”) or EW4 (spouse of an “other worker”). and E35 (child of a “skilled worker” or “professional”) or EW5 (child of an “other worker”).
