PUBLIC LAW 101-649—NOV. 29, 1990 104 STAT. 4989 tice or certification for a particular profession or occupation shall not by itself be considered sufficient evidence of such exceptional ability. / "(3) SKILLED WORKERS, PROFESSIONALS, AND OTHER WORKERS. — "(A) IN GENERAL.— Visas shall be made available, in a number not to exceed 40,000, plus any visas not required for the classes specified in paragraphs (1) and (2), to the following classes of aliens who are not described in paragraph (2): "(i) SKILLED WORKERS. — Qualified immigrants who are capable, at the time of petitioning for classification under this paragraph, of performing skilled labor (requiring at least 2 years training or experience), not of a temporary or seasonal nature, for which qualified workers are not available in the United States. " (ii) PROFESSIONALS. — Qualified immigrants who hold baccalaureate degrees and who are members of the professions. "(ui) OTHER WORKERS.— Other qualified immigrants who are capable, at the time of petitioning for classification under this paragraph, of performing unskilled labor, not of a temporary or seasonal nature, for which qualified workers are not available in the United States. "(B) LIMITATION ON OTHER WORKERS.—Not more than 10,000 of the visas made available under this paragraph in any fiscal year may be available for qualified immigrants described in subparagraph (A)(iii)- "(C) LABOR CERTIFICATION REQUIRED. — An immigrant visa may not be issued to an immigrant under subparagraph (A) until the consular officer is in receipt of a determination made by the Secretary of Labor pursuant to the provisions of section 212(a)(5)(A). "(4) CERTAIN SPECIAL IMMIGRANTS.—Visas shall be made available, in a number not to exceed 10,000, to qualified special immigrants described in section 101(a)(27) (other than those described in subparagraph (A) or (B) thereof), of which not more than 5,000 may be made available in any fiscal year to special immigrants described in subclause (II) or (ni) of section 101(a)(27XCXii). "(5) EMPLOYMENT CREATION.— "(A) IN GENERAL.— Visas shall be made available, in a number not to exceed 10,000, to qualified immigrants seeking to enter the United States for the purpose of engaging in a new commercial enterprise— "(i) which the alien has established, "(ii) in which such alien has invested (after the date of the enactment of the Immigration Act of 1990) or, is actively in the process of investing, capital in an amount not less than the amount specified in subparagraph (C), and "(iii) which will benefit the United States economy and create full-time employment for not fewer than 10 United States citizens or aliens lawfully admitted for permanent residence or other immigrants lawfully authorized to be employed in the United States (other than the immigrant and the immigrant's spouse, sons, or daughters).
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