You may be eligible for this immigrant visa preference category if you are a skilled worker, professional, or other worker.
- “Skilled workers” are persons whose jobs require a minimum of 2 years training or experience, not of a temporary or seasonal nature. The skilled worker must meet the educational, training, or experience requirements of the job opportunity. Relevant post-secondary education may be considered as training.
- “Professionals” are persons whose job requires at least a U.S. baccalaureate or foreign equivalent degree and are a member of the professions.
- The “other workers” subcategory is for persons performing unskilled labor requiring less than 2 years training or experience, not of a temporary or seasonal nature.
American Labor Department – Labor Certification
In most cases, a Department of Labor Form ETA-9089 individual labor certification that has been granted must be submitted with third preference applications. For consideration as Schedule A, Group I, the petition may occasionally be presented to US Citizenship and Immigration Service (USCIS) with an uncertified ETA-9089. Read our policy in Volume 6, Part E, Chapter 7 of the USCIS Policy Manual for more details on Schedule A, Group I.
Application Method
Form I-140, Immigrant Petition for Alien Workers, is what your employer (the petitioner) must submit. Your company must be able to prove that it still has the financial resources to pay the promised wage as of the priority date as part of the application process. An annual report, federal income tax return, or an audited financial statement may be used by your employer as proof of their ongoing financial viability.
