Skilled Workers, Professionals & Other Workers
Employment Based Third Preference

The employment based third preference category is divided into:

Professionals: defined as a member of the professions who holds a baccalaureate degree. Members of the professions include, but are not limited to architects, engineers, lawyers, physicians, surgeons, and teachers in elementary or secondary schools, colleges, academies, or seminaries. It also includes any occupation for which a U.S. baccalaureate degree (or foreign equivalent) is the minimum requirement for entry into the occupation.

Skilled workers: defined as a person, who at the time of petitioning, is capable of performing skilled labor, requiring at least 2 years training or experience, not of a temporary or seasonal nature, and for which there are no qualified workers available in the United States. Relevant post-secondary education may be considered as training for the purposes of this provision.

Other Workers: defined as a person who is to perform unskilled labor, requiring less than two years training, not of a temporary or seasonal nature, for which qualified workers are not available in the United States.

Do you qualify for the third preference category? What next?

A specific offer of employment is required in order to qualify for immigration in the employment based category as a professional, skilled or unskilled worker. The prospective employer should contact the local state employment office for information on filing for labor certification to show that there are no qualified U.S. workers available for the proposed employment. If labor certification is approved, the prospective employer will be required to file the certification together with an immigrant visa petition, form I-140, with the office of the United States Citizenship and Immigration Services (USCIS).

NOTE: The decision on whether a person is qualified for registration in the employment based third preference category is made by the USCIS. Questions about eligibility for such status or filing a petition should be addressed to the appropriate USCIS office. The Embassy cannot answer questions concerning eligibility to register in this category.

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