This article is from the FAQ, by with numerous contributions by others.
(1) Entitlement to Status
An alien shall be classifiable as an employment-based third preference
immigrant under INA 203(b)(3) if the consular officer has received from
INS a Petition for Immigrant Worker approved in accordance with INA 204 to
accord the alien such preference status, or official notification of such
an approval, and the consular officer is satisfied that the alien is
within the class described in INA 203(b)(3).
(2) Entitlement to Derivative Status
Pursuant to INA 203(d), and whether or not named in the petition, the
child or spouse of a employment-based third preference immigrant, if not
otherwise entitled to an immigrant status and the immediate issuance of a
visa, is entitled to a derivative status corresponding to the
classification and priority date of the beneficiary of the petition.
RELATED STATUTORY PROVISIONS
INA 203(b), in part
(3) SKILLED WORKERS, PROFESSIONALS, AND OTHER WORKERS.--
(A) IN GENERAL.--Visas shall be made available, in a number not to exceed
28.6 percent of such worldwide level, plus any visas not required for the
classes specified in paragraphs (1) and (2), to the following classes of
aliens who are not described in paragraph (2):
(i) SKILLED WORKERS.--Qualified immigrants who are capable, at the time
of petitioning for classification under this paragraph, of performing
skilled labor (requiring at least 2 years training or experience), not of
a temporary or seasonal nature, for which qualified workers are not
available in the United States.
(ii) PROFESSIONALS.--Qualified immigrants who hold baccalaureate degrees
and who are members of the professions.
(iii) OTHER WORKERS.--Other qualified immigrants who are capable, at the
time of petitioning for classification under this paragraph, of performing
unskilled labor, not of a temporary or seasonal nature, for which
qualified workers are not available in the United States.
(B) LIMITATION ON OTHER WORKERS.--Not more than 10,000 of the visas made
available under this paragraph in any fiscal year may be available for
qualified immigrants described in subparagraph (A)(iii).
(C) LABOR CERTIFICATION REQUIRED.--An immigrant visa may not be issued to
an immigrant under subparagraph (A) until the consular officer is in
receipt of a determination made by the Secretary of Labor pursuant to the
provisions of section 212(a)(5)(A).
For the provisions of INA 203(d), see section 42.31 (Related Statutory