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You may be eligible for this immigrant visa choice category if you are a proficient employee, professional, or other employee.
- Skilled employees are persons who can performing proficient labor employment and whose job needs at least 2 years training or experience, not of a short-term or seasonal nature. Skilled employees should also satisfy any instructional, training, or experience requirements of the task opportunity. Relevant post-secondary education may be thought about as training.
- Professionals are individuals who hold a minimum of a U.S. bachelor’s or foreign comparable degree and belong to the professions. Their jobs require a minimum of a degree. Professionals should also meet any instructional, employment training, or experience requirements of the job opportunity.
- Other employees (also called unskilled employees) are persons capable of carrying out unskilled labor whose task requires less than 2 years training or experience, not of a temporary or seasonal nature. Other employees need to likewise meet any academic, training, or experience requirements of the job opportunity.
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 accreditation applications submitted on or after June 1, 2023, using 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 webpage.
Petitions for Schedule An occupations are not required to have a DOL-approved labor certification. This is since DOL has actually already identified there are not enough U.S. employees for those occupations. Currently, DOL has actually designated 2 groups of professions under Schedule A. Group I consists of professional nurses and physical therapists. Group II consists of beneficiaries with exceptional capability in the sciences or arts (consisting of institution of higher learning teachers) and immigrants of exceptional ability in the performing arts. A petition for Schedule A designation must be accompanied by a finished, uncertified Form ETA-9089, consisting of all appropriate appendices, a signed Final Determination, and a legitimate 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 accreditation (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 job requirements defined on the labor certification (or application for Schedule A designation). This evidence may include main academic records and letters from existing or former companies.
- Relevant post-secondary education may be thought about as training.
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