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You may be eligible for this immigrant visa preference category if you are an experienced employee, professional, or other employee.
- Skilled workers are individuals who are capable of performing experienced labor and whose job requires a minimum of 2 years training or experience, not of a short-term or seasonal nature. Skilled employees need to likewise fulfill any academic, training, or experience requirements of the job chance. Relevant post-secondary education may be thought about as training.
- Professionals are persons who hold a minimum of 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 must also fulfill any instructional, training, or experience requirements of the task chance.
- Other employees (likewise called unskilled workers) are persons efficient in carrying out unskilled work whose job requires less than 2 years training or employment experience, not of a temporary or seasonal nature. Other workers should also any academic, training, or experience requirements of the task chance.
Labor Certification
Third choice petitions are generally 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 employment Application Gateway (FLAG) system, an approved and signed Form ETA-9089, Final Determination - Permanent Employment Certification Approval (Final Certification). For additional information, 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 already identified there are not enough U.S. workers for those occupations. Currently, DOL has designated 2 groups of occupations under Schedule A. Group I consists of expert nurses and physiotherapists. Group II consists of recipients with remarkable ability in the sciences or arts (including college and university instructors) and immigrants of remarkable capability in the carrying out arts. A petition for Schedule A classification should be accompanied by a completed, uncertified Form ETA-9089, consisting of all suitable appendices, a signed Final Determination, and a valid prevailing wage determination tracking number in Section E, Item 1 of the uncertified Form ETA-9089. For more info on Schedule A requirements, see Volume 6, Part E, Chapter 7, of the USCIS Policy Manual.
- The labor accreditation (or application for Schedule A designation) needs to require at least 2 years of experience or training.
- You must show that you have actually satisfied any job requirements defined on the labor accreditation (or application for Schedule A classification). This proof may include main scholastic records and letters from present or previous companies.
- Relevant post-secondary education may be considered as training.
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