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Categories of Employment-Based Immigration

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Employment Third Preference (EB-3): Skilled Workers, Professionals, and Unskilled Workers (Other Workers)

Skilled workers are those whose positions require at least two years of training or experience. Professionals must possess a bachelor degree in the field and must establish that a bachelor degree is the normal requirement for entry into the profession. The final category of "other workers" means essentially unskilled workers.

Professionals and skilled workers are placed on the same waiting list for available visas. However, other workers are placed on a separate waiting list. Given the fact that backlog for "other workers" is effectively twenty years, the filing of such a petition for an unskilled worker is not recommended.

A Third Preference applicant must have an approved Immigrant Petition for Alien Worker, Form I-140, filed by the prospective employer. All such workers generally require labor certification approved by the Department of Labor. Skilled Workers, Professionals, and Unskilled Workers (Other Workers) receive 28.6 percent of the yearly worldwide limit of employment-based immigrant visas, plus any unused visas from the Employment First Preference and Second Preference categories.

There are three subgroups within this category:

(1)Skilled workers are persons whose jobs require at least 2 years training or work experience that are not temporary or seasonal. Applicants must be performing work that qualified workers are not available in the United States. Labor certification and a permanent, full-time job offer required.

(2)Professionals are members of the professions whose jobs require at least a baccalaureate degree from a U.S. university or college or its foreign equivalent degree. Applicants are supposed to perform work for which qualified workers are not available in the United States. Education and experience may not be substituted for a baccalaureate degree. Labor certification and a permanent, full-time job offer required.

(3)Unskilled workers (Other workers) are persons who are capable of filling positions that require less than two years training or experience which are not temporary or seasonal. Labor certification and a permanent, full-time job offer required.

H&A ASSOCIATES, P.C     John D. Hu, Esq.http://www.hoolaw.com/

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