Employment · document checklist
EB-3 document checklist
EB-3 splits into three subcategories with different thresholds: professionals need a US bachelor's or foreign equivalent, skilled workers need at least two years of training or experience, and other workers cover positions requiring less than two years. Selecting the wrong subcategory relative to the certified 9089 is the most common structural error in these filings.
Governing standard
Certified ETA-9089 plus the applicable skill or education threshold
8 CFR 204.5(l)
Top RFE trigger: Subcategory selection inconsistent with the certified requirements
- Documents listed
- 6
- Always required
- 5
- Median exhibit pages
- 80
- Initial RFE rate
- 10.6%
The checklist
Grouped by the purpose each document serves.
Documents marked as always required belong in every filing of this type. The rest apply where the fact pattern calls for them.
Labor certification
2 required of 2
Certified ETA-9089
Subcategory selection must match the stated requirements
Prevailing wage determination
Matching SOC and wage level
Qualification
1 required of 2
Degree or experience evidence
Meeting the subcategory threshold exactly
Credential evaluationwhere applicable
Single-source equivalency for foreign degrees
Ability to pay and forms
2 required of 2
Employer financial evidence
Every year from priority date to filing
Form I-140 and G-28
Subcategory box cross-checked against the 9089
This page prints cleanly — use it as a client-facing document request list.
Failure modes
What draws a request on a EB-3.
Having every document on the list is necessary and not sufficient. These are the structural problems that produce requests even when the evidence is present.
Full RFE trends hub- Subcategory on the I-140 inconsistent with the requirements on the 9089
- Three-year foreign degree submitted without a combined equivalency evaluation
- Experience letters that do not state hours or full-time status
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