Immigration Attorney Kenny Bhatt - Ph.D. in Law
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The Immigration and Nationality Act provides 140,000 employment-based immigrant visas yearly. These available visas are divided among five preference categories. The employment-based immigration categories are based on a foreign worker’s particular occupation and skills. The employment-based categories consists of five preference categories, each of which are subject to visa waiting lists. Employment-based categories are subject to annual visa limits. This means that there are waiting lists in many of the categories. Available visas are issued to beneficiaries in order of their priority date (the date of filing of the labor certification, if one is necessary, or the date of filing the I-140 petition.) Beneficiaries of India, China, The Philippines, and Mexico are subject to country-specific backlogs.
This category covers Skilled Workers, Professionals Holding Baccalaureate Degrees and Other Workers. Skilled workers are those whose positions require a minimum of 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.
Third preference workers must have a job offer and obtain a labor certification. However, where Schedule-A precertification applies, the alien will be exempt from the labor certification requirement.