The employment based third preference category is utilized for professionals as well as skilled and other foreign workers. In order to qualify for this category, professionals are generally required to hold a U.S. baccalaureate degree or a foreign equivalent degree. In this category, experience and/or education may not be substituted for such a degree. Under this preference category, all Petitions mandate a permanent, full time job offer as well as a labor certification. The eligibility requirements under the third preference of employment-based immigration are less stringent than those under the first and second employment based classifications; however, it should be noted that a backlog does exist for Visas under the “other workers” category.
U.S. Citizenship and Immigration Services defines skilled positions as those which are neither seasonal nor temporary and require a minimum of two years experience or training. The determination as to whether a position involves skilled labor is determined by the United States Department of Labor. Due to the fact that the “other worker” category has a significant backlog, it is important that the employer demonstrate that the skilled worker position requires at least two years training or experience.
The U.S. Citizenship and Immigration Services defines “professional” as a foreign national holding U.S. baccalaureate degree or foreign equivalent degree which would be required for the profession. Notably, neither alternate education nor experience is a substitute for the requisite degree in this area. For this section, professionals include but are not limited to, lawyers, surgeons, teachers, physicians, architects and engineers.
The U.S. Citizenship and Immigration Services defines “other workers” as foreign nationals in positions requiring less than two years of higher education, training or experience. Notably, due to the annual limit of 10,000 Visas in the other worker category, there have been significant backlogs running approximately six years in order to obtain a Visa as another worker. If you are in need of an attorney experienced in filing in the third preference category of employment-based immigration and would like to arrange for a consultation via telephone, email, internet phone or in person, please contact Colombo & Hurd, PL today at 1 (800) 549-5523 to speak with one of our Miami or Orlando Green Card Lawyers.