Employment-based residency can also be obtained by foreign nationals with a bachelor's degree or the foreign equivalent. The Citizenship and Immigration Service maintains that a degree is required. Experience is not enough, regardless of the amount of years.

There are two main disadvantages to this category, which is known as third preference. First, a foreign national currently cannot apply for residency even if the employer's petition is approved. This is because applying for residency depends on visa numbers being available. Visa numbers are currently not available for third preference category foreigners. The Visa Bulletin changes each month. Because so many persons have at least a bachelor’s degree, visa numbers will probably not be available for some time. Second, the lengthy Labor Certification process is required for all foreigners in this category.

To avoid these problems, Blandon Law tries to qualify the foreign national in a higher category. When that is not possible, the employer must demonstrate that the duties of the job require knowledge which can only be attained of a person with a bachelor's degree. At all times, the duties control. Therefore, Blandon Law assists employers and employees in gathering the required evidence and presenting it to Immigration in such a way as to prove that the degree is required.