EB2 or EB3?

Question

Hello,

I am not sure which category I am in when my lawyer filed my I-140. I got the received notice. It says...

Section: Skilled Worker or Professional

Sec: 203(b) (3) (A) (i) or (ii)

Does it mean that I am under EB3?

any other way to find out? Thanks.

Answer 1

This is the section of 203(b)(3)(A)(i) or (ii) from Immigration and Nationality Act (INA). And it seems like you are in EB3

(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.

The other way you can find out is ask your lawyer. Thought this site may be helpful to you

http://immigrationvoice.org/index.php

Answer 2

hiya,

yeah you are an EB3. They have closed down availabilty of this type until October (first month of next fiscal year). (See the visa bulleting for August in the link.)

IN the text section this is the relevant part to you:

EMPLOYMENT-BASED PREFERENCES ...........................................  Skilled Workers, Professionals, and Other Workers:  28.6% of the worldwide level, plus any numbers not required by first and second preferences, not more than 10,000 of which to "Other Workers".  

You are not considered the other worker type because as per recieved notice from you are skilled worker or proffessional.

On the table the part relevant to you is:

Employ-ment -Based 3rd

You can sig up to have the bulletin emailed to you ervery month but it is highly unlikely they dates will go forward in your catogry until October.