"(1) ELIGIBLE ALIEN.-For purposes of this subsection. the term eligible alien means an alien"(A) having nonimmigrant status under section 101(a)(15)(H)(ii)(a) based on employment as a sheepherder. goat herder. dairy worker. or horse worker. "(B) who has maintained such nonimmigrant status in the United States for a cumulative total of 36 months (excluding any period of absence from the United States). and "(C) who is seeking to receive an immigrant visa under section 203(b)(3)(A)(iii). "(2) CLASSIFICATION PETITION.-In the case of an eligible alien. the petition under section 204 for classification under section 203(b)(3)(A)(iii) may be filed by"(A) the aliens employer on behalf of the eligible alien. or "(B) the eligible alien.
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immigrant visa