Immigration Issues/H1-b or EB-3 visa

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Question
David,
I have an employer who wants to employ me as an architect, but the retrogression in the EB-3 visa processing is a problem; Do I have a chance for the H1-b visa if i apply this April or if not what are my better options ?

Jun

Answer
The visas are different  one is based on permanent residency the other is a non-immigrant.   The non immigrant visa H1B is easier to file for.

IMMIGRANT VISA

While eligibility requirements for the EB-3 classification are less stringent than the EB-1 and EB-2 classifications, you should be aware that a long backlog exists for visas in the "other workers" category

Your employer must file a USCIS Form I-140 at the USCIS Regional Service Center that serves the area where you will work. All I-140 EB-3 petitions must include a labor certification and a permanent, full-time job offer. There are no exceptions
Professionals must hold a U.S. baccalaureate degree or foreign equivalent degree that is normally required for the profession. Education and experience may not be substituted for the degree.
  Aliens with at least two years of experience as skilled workers;
  Professionals with a baccalaureate degree; and
  Other workers with less than two years experience, such as an unskilled worker who can perform labor for which qualified workers are not available in the United States.
.

NON-IMMIGRANT VISA

H) an alien (i) 3a/ 3b/ (b) subject to section 212(j)(2), who is coming temporarily to the United States to perform services (other than services described in subclause (a) during the period in which such subclause applies and other than services described in subclause (ii)(a) or in subparagraph (O) or (P)) in a specialty occupation described in section 214(i)(1) or as a fashion model, who meets the requirements for the occupation specified in section 214(i)(2) or, in the case of a fashion model, is of distinguished merit and ability, and with respect to whom the Secretary of Labor determines and certifies to the Attorney General that the intending employer has filed with the Secretary an application under section 3b/ 212(n)(1), or (b1) who is entitled to enter the United States under and in pursuance of the provisions of an agreement listed in section 214(g)(8)(A), who is engaged in a specialty occupation described in section 214(i)(3), and with respect to whom the Secretary of Labor determines and certifies to the Secretary of Homeland Security and the Secretary of State that the intending employer has filed with the Secretary of Labor an attestation under section 212(t)(1), or (c) 3b/ who is coming temporarily to the United States to perform services as a registered nurse, who meets the qualifications described in section 212(m)(1), and with respect to whom the Secretary of Labor determines and certifies to the Attorney General that an unexpired attestation is on file and in effect under section 212(m)(2) for the facility (as defined in section 212(m)(6)) for which the alien will perform the services.  

Immigration Issues

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David

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Immigration Law enforcement Border Patrol

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30 years Immigration law enforcement/management, criminal investigations, Homeland Security including Border Patrol operations

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