Skilled workers, professionals, and other workers

Skilled workers, professionals, and other laborers are eligible for visas, constituting up to 28.6 percent of the worldwide allocation. Additionally, visas not allocated for specific categories (as outlined in paragraphs (1) and (2)) may also be included. The following alien classes, distinct from those in paragraph (2), qualify for these visas:

(i) Skilled workers: Immigrants proficient in skilled labor, requiring a minimum of 2 years of training or experience, not of a temporary or seasonal nature, and for which qualified workers are unavailable in the United States.

(ii) Professionals: Immigrants holding baccalaureate degrees and belonging to professional fields.

(iii) Other workers: Immigrants capable of performing unskilled labor, not of a temporary or seasonal nature, for which qualified workers are not available in the United States.

However, the visas available for qualified immigrants under subparagraph (A)(iii) are limited to not more than 10,000 in any fiscal year.

Furthermore, labor certification by the Secretary of Labor, as per the provisions of section 1182(a)(5)(A) of this title, is a prerequisite for issuing an immigrant visa under subparagraph (A).

For certain special immigrants described in section 1101(a)(27) of this title, excluding those in subparagraphs (A) or (B) thereof, visas are allotted, not exceeding 7.1 percent of the worldwide level. Of this, up to 5,000 visas may be allocated annually to special immigrants described in subclause (II) or (III) of section 1101(a)(27)(C)(ii) of this title, and a maximum of 100 visas may be made available annually to special immigrants, excluding spouses and children, as outlined in section 1101(a)(27)(M) of this title.

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