New I-140 Form and EB3 Professional vs. EB3 Skilled Worker

The recent version of the I-140 form contains nine choices of category in part 2 of the form. The form I-140 has one important difference for EB3 cases. The new version requires the petitioner to distinguish between an EB3 filing for a professional versus an EB3 filing for a skilled worker. Older versions of the form had only one box for both of these two subcategories.

Since the new version of the form requires a distinction between an EB3 professional and an EB3 skilled worker, it is important to understand the definition of professional. This term is defined in the applicable regulations as a foreign national who holds at least a U.S. baccalaureate degree or a foreign equivalent degree, and who is a member of the professions.

There have been reports of denials if the EB3 professional category is selected, but the beneficiary does not have a "United States baccalaureate degree or a foreign equivalent degree." The term "foreign equivalent degree" means a degree which, by itself, without considering experience, is the equivalent of at least a U.S. baccalaureate degree.

It is not sufficient for the individual to have a combination of education and experience that is equivalent to a U.S. bachelor's degree. The skilled worker category, as explained below, only requires an individual to have at least two (2) years of prior work experience or training and the job must require the two years of work experience or training.

The solution for those cases that do not meet the EB3 professional category is to select the EB3 skilled worker category. As explained above, a skilled worker is defined as appropriate for a job that requires at least two years of work experience or training. Since there is no difference in visa number availability or backlogs between the two subcategories of EB3 for a professional or an EB3 skilled worker, the use of this category should not create any disadvantage.

This is not to be confused with the EB3 "other worker" category for workers with less than two years of experience or training. The other worker category is treated differently with respect to visa number allocations. The waiting period for the other worker category is far more backlogged than the EB3 category for a professional or a skilled worker. http://www.greencardapply.com/news/news10/news10_0825.htm


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