Third Employment Based Category
The Third Employment Based preference category is
also limited to 28.6 percent of the total number of
employment based immigrant visas. This category is
divided into three sections:
- Professionals (baccalaureate degree required for
position and alien);
- Skilled workers (with at least two year of
experience); and
- Other workers (less than two years experience
required for position).
The Third Employment Based preference Category was
established to enable any U.S. employer to file a
petition for professional, skilled workers, or other
(unskilled) workers.
Professionals are aliens
holding at least a U.S. baccalaureate degree or a
foreign equivalent degree, and who are a member of the
professions. Documentation including an official
university record, must also show the area of
concentration of study. The petition must also include
evidence to show that the minimum of a baccalaureate
degree is required for entry into the occupation.
A skilled worker is an
alien who is capable of performing skilled labor
requiring at least two years of training or experience
(not seasonal or temporary), for which qualified workers
are not available in the U.S. Generally, petitions for
skilled workers must be accompanied by evidence that the
alien meets the educational, training, or experience,
and any other requirements of the individual labor
certification.
Other workers who qualify
under this section is someone who is capable of
performing unskilled labor, requiring less than two
years training or experience, that is not of a temporary
or seasonal nature, for which there are no qualified
U.S. workers available. Documentation submitted for this
classification must include evidence that the alien
meets any educational, training and experience, and any
other requirement of the labor certification.
As you can see, obtaining permanent residency under
the Third Employment Based Preference Category depends
extensively on how specific and quantifiable the job
description and requirements are framed on the labor
certification, as well as establishing clearly that the
alien meets those reasonable requirements. Because of
the complexity of these and other related labor
certification limitations, it is important to have an
experienced immigration attorney like Thomas Bassett and
Associates prepare the labor certification and related
immigrant visa petition. If you would like the
assistance of Thomas Bassett and Associates in your
Third Employment Based Preference Category, please click
here or call our office at
248/827-4110.
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