Fundamental Question: EB3 & 245i cases

W

WellWisher007

Registered Users (C)
To my understanding, there are two separate categories "EB3-High Skilled" and "EB3-Others (which includes low-skilled workers)". Also, from the visa bulletin, we see that the "EB3-others" has a separate listing with regards to visa availability, which means the quota of 'EB3 - high skilled' and 'EB3 - Others' are separately tracked. Shouldn't the 245i cases fall under the 'EB3 - Others' category?

If the above is true, why is 'EB3 - High Skilled' category dependent on 245i cases? Shouldn't the retrogression apply only to 'EB3 - Other workers' category? This means that the 'EB3 - High skilled' category should flow faster than what the current retrogression for the category reflects.

Am I missing something? Any thoughts?
 
Actually, there are 3 categories in EB3. i.e. EB3A, EB3B, and EB3C. Skilled workers(H1B) are categorized in EB3A and EB3B. Other worker is in EB3C.
I believe most of 245(i) falls into EB3C which has ONLY 10000 annual quota.
It does not make much sense 245(i) is causing this retrogression, therefore, I am not yet convinced by that theory.
May be DOS determine cut-off date, not based on actual #, but on speculation.
 
Last edited by a moderator:
See the thread Surge of older PD's

WellWisher007 said:
To my understanding, there are two separate categories "EB3-High Skilled" and "EB3-Others (which includes low-skilled workers)". Also, from the visa bulletin, we see that the "EB3-others" has a separate listing with regards to visa availability, which means the quota of 'EB3 - high skilled' and 'EB3 - Others' are separately tracked. Shouldn't the 245i cases fall under the 'EB3 - Others' category?

If the above is true, why is 'EB3 - High Skilled' category dependent on 245i cases? Shouldn't the retrogression apply only to 'EB3 - Other workers' category? This means that the 'EB3 - High skilled' category should flow faster than what the current retrogression for the category reflects.

Am I missing something? Any thoughts?
Click to expand...
This issue has been discussed earlier in the thread "Surge of older PD's". Please see the postings by UnitedNations.
http://boards.immigration.com/showthread.php?t=192795&page=8&pp=15
 
Yes, according to that thread, skilled workers also include those in cooking, waiters, carpentry with 2 years experience. It's comforting to know that my years of IT experience and college degree is worth as much as a person waiting tables and collecting tips for 2 years.
Let's face it people, USA needs more hard labor workers than professionals.

Dallas03096 said:
This issue has been discussed earlier in the thread "Surge of older PD's". Please see the postings by UnitedNations.
http://boards.immigration.com/showthread.php?t=192795&page=8&pp=15
Click to expand...
 
Waiters and Cashiers are not EB-3

ufo2002 said:
Yes, according to that thread, skilled workers also include those in cooking, waiters, carpentry with 2 years experience. It's comforting to know that my years of IT experience and college degree is worth as much as a person waiting tables and collecting tips for 2 years.
Let's face it people, USA needs more hard labor workers than professionals.
Click to expand...

Most 'unskilled' occupations are considered Schedule B. Here is a list of them: http://www.rapidimmigration.com/usa/1_eng_kit_eb3_scheduleb.html

The DOL has already said that a labor certification CANNOT in most cases be given for these occupations since there is a surplus of workers already. See: http://www.dol.gov/dol/allcfr/Title_20/Part_656/20CFR656.23.htm

EB-3 is not in line with waiters and cashiers. More like chefs, construction contrators, and that type of thing.
 
Ther are many people to file as Assistant Manager or Night Manager of a Gas Station convenience store. Its nothing but glorified title of Gas station clerk.

Similarly I have known of waiters in Indian restaurants who dont apply as "waiter" but Asst or Jr Restaurant Managers.

Another way of saying "whats in a name ?"
 
You must log in or register to reply here.
Top