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This category receives 28.6 percent of the yearly worldwide employment visa pool, plus any unused first and second preference category visas. Unless the job qualifies for a Schedule A designation, or as one of the shortage occupations in the Labor Market Information Pilot, all third preference petitions must be accompanied by a labor certification.

The Labor Market Information Pilot Program defines up to ten occupational classifications in which the United States has labor shortages. For aliens within a listed shortage occupation, a labor certification will be deemed to have been issued for purposes of an employment-based immigrant petition.

The Department of Labor delegates authority to the USCIS to approve labor certifications to occupations in the Schedule A Group — Group I includes physical therapists and professional nurses; Group II includes aliens of exceptional ability in the sciences and arts (except the performing arts).

Within the third employment-based preference group are three subcategories:

 Skilled workers are persons capable of performing a job requiring at least two years’ training or experience.

 Professionals must hold a U.S. baccalaureate degree or a foreign equivalent degree. Unfortunately, a combination of some education and experience cannot be substituted for the actual degree in order to qualify.

 Other workers are those persons capable of filling positions requiring less than two years of training or experience.

Note that the third preference category usually generally becomes oversubscribed or backlogged before the higher categories. Also, the “other worker” subcategory of third preference generally becomes oversubscribed or backlogged before the skilled or professional worker categories.

You can track visa availability trends by referring to past issues of the Visa Bulletin. Find an online archive at travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin.html.