(1) Determining Whether a Beneficiary is a Skilled Worker or Professional.   

A total of 40,000 visas are available each fiscal year for third preference workers, of which not more than 10,000 may be issued to “other” (unskilled) workers.  The visas for skilled workers (requiring at least two years training or experience) and professionals (persons holding a bachelor’s degree or its equivalent in the specific field in which they are to be engaged) are deducted from the same 30,000 number allotment.  In all cases, the alien must have the minimum education and work experience requirements that are specified on the individual labor certification.  Therefore, if the labor certification specifies that a bachelor’s degree in a given field is the minimum requirement for entry in to the position, the alien must possess a minimum of a U.S. bachelor’s degree or its foreign equivalent degree in the field.  On the other hand, if the labor certification states a requirement of “two years college and two years experience,” mere possession of a bachelor’s degree, without such experience, would not qualify.    

(A) Sheepherders. A Department of Labor approved Application for Alien Employment Certification is not required for an alien sheepherder who has been legally employed as a nonimmigrant sheepherder in the United States for at least 33 of the preceding 36 months. Instead, the Application for Alien Employment Certification is filed directly with the USCIS District Office or the Department of State.  This procedure relates only to the labor certification process and has no bearing on the amount of training or experience needed to perform the job.  A sheepherder is an unskilled worker.  

(B) Armed Forces. The Department of Defense has requested that, before a decision is made on any visa petition filed by a field commander of a military post or installation in behalf of an alien member of the Armed Forces, the views of the appropriate branch of service be obtained, as follows: 

• Army - When the petition is on behalf of a (prospective) member of the U.S. Army, the petition shall be returned to the petitioner with the advice that the assistant Secretary of the Army (Manpower and Reserve Affairs) informed the Service on November 1, 1973, that the initiation of petitions in behalf of aliens who are seeking status as lawful permanent residents is not authorized and that, therefore, the petition cannot be accepted unless the Secretary of the Army specifically authorizes the Bureau, in writing, to do so. 
• Coast Guard - When the petition is on behalf of a (prospective) member of the U.S. Coast Guard, the inquiry as to whether there is any objection to the filing of the petition shall be addressed to the Commandant (PE), U.S. Coast Guard, Washington, DC 20591. 
• Navy (including Marine Corps) or Air Force - When the petition is on behalf of a (prospective) member of the U.S. Navy or the U.S. Air Force, the views of the Secretary of the Navy or the Secretary of the Air Force, as appropriate, shall be solicited as to whether there exists any objection to filing of the petition. 
• Branch of Service Unknown - Where the military department involved (Army, Navy, or Air Force) is not readily apparent, the inquiry shall be made to the Assistant Secretary of Defense (Manpower), Department of Defense, Washington, DC 20301.