Seattle Immigration Lawyer | Employment Preferences Continued

Picking up where I left off last in discussing the Third Preference category, the subcategory of “Professionals” includes not only attorneys, doctors, engineers, teachers and architects, but also, generally anyone who has a degree and who is working in a field related to their education and/or experience background.

To qualify for the subcategory of “Skilled workers,” an immigrant must have at least two years of training or experience (no university degree required). As of November 2010, the priority date for “Professionals” and “Skilled workers” was January 22, 2005, meaning that if you have a priority date before 1/8/05, you are eligible for a visa number. (However, the wait is even longer for immigrants from China, India, or Mexico.)

The subcategory entitled “Unskilled workers” is for jobs that typically require fewer than two years of training or experience. Not surprisingly, since very few green cards are given for unskilled workers (only 10,000 available per year), the current priority date is April 1, 2003. (However, there is an even longer wait for immigrants from India or Mexico.) A common mistake that immigrants make when applying under the “Unskilled worker” subcategory is that just because this subcategory requires less than two years of training or experience does not mean that the immigrant’s qualifications do not have to match the actual job requirements—they still do.

Fourth Preference (EB-4): “Special immigrants,” including certain religious workers, employees of U.S. foreign service posts, retired employees of international organizations, alien minors who are wards of courts in the U.S., and certain other classes of persons. (Labor Cert. is NOT required.)

Fifth Preference (EB-5): Business investors who invest $1m or $500,000 (if the investment is made in a targeted employment area) in a new business that employs at least 10 full-time U.S. workers. (Labor Cert. is NOT required.)