Everyone might be eligible for this immigrant visa preference category if is a skilled worker, professional, or other type worker (unskilled).
- “Skilled workers” are persons whose job requires a minimum of 2 years training or work experience. The works shouldn’t be of a temporary or seasonal nature
- “Professionals” are persons whose job requires at least a U.S. baccalaureate degree or a foreign equivalent.
- The “other workers” subcategory is for persons performing unskilled labor requiring less than 2 years training or experience.
These third preference petitions must usually be accompanied by an approved, individual labor certification issued from the Department of Labor on Form ETA-9089. There are also cases when 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.
The application Process
When applying, your employer who is also your petitioner must file a Form I-140, Petition for Alien Worker. The employer must also be able to demonstrate an ability to pay the offered wage as of your visa priority date. He may use an annual report, federal income tax return, or audited financial statement to demonstrate an ability to pay your wage.
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