Professional and Skilled Worker (EB3) Petitions

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The Immigration and Nationality Act reserves slightly more than 40,000 visas annually for the employment based third preference classification. This preference category has three sub-groups: Professionals, skilled workers, and "other workers." While there is a difference in the law between "professionals" on the one hand, and "skilled workers" on the other, there is no practical difference. That is, the law does not otherwise distinguish between the two and there is no benefit to being classified in one, rather than the other.

The "other worker" category is not at all desirable. To avoid being classified as an "other worker," the beneficiary of the I-140 petition must have a labor certification for a job that requires at least two years of education, training, or experience as a minimum entry level. As long as this requirement is met, the beneficiary can qualify for "regular" EB3 classification and not have to suffer the consequences of "other worker" classification.