Employment Based Immigration – Third Preference Immigrants

Third preference visas are available for immigrants who have job offers to work as skilled workers, professionals, or other workers. Third Preference petitions require a job offer from a U.S. employer and labor certification from the U.S. Department of Labor.

  1. Skilled Workers
    To immigrate as a skilled worker, a potential immigrant should have a minimum of two years training (or post-secondary education) or experience in an occupation which requires at least two years of training or experience.
  2. Professional Workers
    To qualify for a third preference visa as a professional, intending immigrants must possess a bachelors degree or foreign equivalent, the job that they are coming to the U.S. to fill must be a professional job, and the employer must demonstrate that a bachelor’s degree is normally required for entry into the profession.
  3. Unskilled or Other Workers
    The “other worker category” is for positions requiring less than 2 years of higher education, training, or experience. While an intending immigrant and his or her employer may be able to file for and obtain a labor certification for such positions in the near future, there is already a 5 to 10 year wait until someone may immigrate or actually obtain their visa for this category (See the New Developments section) Since an approved labor certification does not, in itself, give the intending immigrant any right to stay in the United States, the desirability of obtaining a labor certification in this category, given the long wait, is questionable.
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