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282 Dual Citizenship: FAM09-42.32(C) - Notes Employment-Based ThirdPreference Immigrants




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282 Dual Citizenship: FAM09-42.32(C) - Notes Employment-Based ThirdPreference Immigrants

N1 Defining "Skilled Worker" (TL:VISA-54; 2-28-92)

INS regulations define a "skilled worker" as one who, at the time of
petitioning, is capable of performing skilled labor, requiring at least 2
years training or experience, not of a temporary or seasonal nature, and
for which there are no qualified workers available in the United States.
Relevant post-secondary education may be considered as training for the
purposes of this provision.

N2 Defining "Profession" (TL:VISA-54; 2-28-92)

INA 101(a)(32) defines "profession" as including, "but not limited to,
architects, engineers, lawyers, physicians, surgeons, and teachers in
elementary or secondary schools, colleges, academies, or seminaries." INS
has also held that an occupation may generally be considered to be a
"profession" within the meaning of INA 101(a)(32) if the attainment of a
baccalaureate degree is usually the minimum requirement for entry into
that occupation.

N3 Defining "Other Worker" (TL:VISA-54; 2-28-92)

INS regulations define "other worker" to mean a qualified alien capable,
at the time of petitioning, of performing unskilled labor, requiring less
than two years training, not of a temporary or seasonal nature, and for
which there are no qualified workers available in the United States.

N4 Labor Certification/Petition Requirement (TL:VISA-54; 2-28-92)

The consular officer shall not issue an immigrant visa to any third
preference employment-based immigrant until the consular officer is in
receipt of an approved petition accompanied by a labor certification
granted by the Department of Labor, evidence that the alien's occupation
is on the Department of Labor's Schedule A or evidence to establish that
the alien qualifies for one of the shortage occupations in the Department
of Labor's Labor Market Information Pilot Program.

N5 Significance of Approved Preference Petition (TL:VISA-54; 2-28-92)

A certification under INA 212(a)(5)(A) is included in the approval of the
preference petition. The Immigration and Naturalization Service is
responsible for determining the eligibility of an alien for preference
immigrant status. Consular officers shall not readjudicate the petition,
but rather shall review the petition to determine whether:

(1) The supporting evidence is consistent with the approval;

(2) There was any misrepresentation of a material fact; and

(3) The alien meets the requirements of the employment offered.

N6 Spouse and Children (TL:VISA-54; 2-28-92)

The spouse, or the child of a marriage which existed at the time of the
principal alien's admission into the United States, is entitled to
derivative status and may accompany or follow to join the principal
applicant. A spouse or child acquired subsequent to the principal alien's
admission is not entitled to derivative status.


 

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