EB-3 Visa Lawyer
The EB-3 visa can lead to a green card for qualifying foreign workers. Learn more about the process and how an immigration attorney can help.
Many foreign workers look into employment-based visas to start their immigration journey in the United States. The EB-3 visa is available to qualifying professionals, skilled workers, and workers filling positions that require less than two years of experience or training. Securing approval requires cooperation between the worker and their sponsoring U.S. employer.
At Lorenzo Law Group, our team of EB-3 visa lawyers can help employers and foreign workers better understand this process, submit the proper documents and evidence, and work through any challenges that arise. Schedule a consultation today.
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What Is the EB-3 Visa?
The EB-3 visa is an employment-based immigrant visa that can help foreign workers become lawful permanent residents. In comparison to nonimmigrant work visas, this provides a path to a green card.
U.S. Citizenship and Immigration Services (USCIS) divides EB-3 applicants into three categories:
- Skilled workers
- Professionals
- Other workers (unskilled workers)
Applicants generally need a permanent, full-time job offer from a U.S. employer. The U.S. employer typically has to go through the labor certification process before filing an immigrant petition.
Who May Qualify for an EB-3 Visa?
The qualifications for an EB-3 visa depend on the position being offered and the applicant’s training or experience.
Skilled Workers
The skilled worker classification is used for positions that require at least two years of training or relevant work experience. In some cases, relevant postsecondary education can be counted as training. Applicants must have the qualifications required for the posted position, and the work cannot be temporary or seasonal.
Professionals
The professional classification is intended for occupations requiring at least a U.S. bachelor’s degree or an equivalent foreign degree. Education is an essential part of qualifying for this classification; if the posted position requires a bachelor’s degree, you usually cannot use a combination of work experience and education to make up for that requirement.
Other Workers
The other workers’ classification covers positions that require less than two years of training or experience. However, the work still must be permanent and nonseasonal. The waiting period may be different in this classification than in others, as federal law limits the number of immigrant visas granted to other workers.
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EB-3 Visa Requirements
EB-3 visa requirements generally include the following:
- Permanent, full-time job offer from a U.S. employer
- Education, experience, training, or a combination of all three that satisfy the position’s requirements
- Approved permanent labor certification unless an exception applies
- Approved Form I-140, Immigrant Petition for Alien Workers
Because eligibility depends on the job and the worker’s qualifications, Lorenzo Law Group can review your situation and explain the next steps.
EB-3 Visa PERM Labor Certification and Employer Sponsorship
The majority of EB-3 visa cases begin with the Program Electronic Review Management (PERM) labor certification process. The employer must first request a prevailing wage determination for the position, which is generally based on what similarly employed workers earn in the same field and area.
From there, the employer goes through recruitment and provides notice of the job opportunity to test the U.S. labor market and determine whether a qualified U.S. applicant can fill the position.
After finishing this process, the employer can submit their PERM application to the Department of Labor (DOL).
How the EB-3 Visa to Green Card Process Works
The EB-3 green card process typically includes the following stages:
- Employer obtains prevailing wage determination
- Employer completes all required recruitment steps
- Employer files the PERM application
- After approval, employer files Form I-140
- Foreign worker waits until an immigrant visa number is available
- Worker applies for adjustment of status or undergoes consular processing
The worker’s priority date is set when the DOL accepts the labor certification application for processing. The Department of State issues a monthly Visa Bulletin showing when immigrant visas are available for different employment-based categories and countries. Visa availability can change, so it’s recommended that you check each month or consult your immigration lawyer.
How an EB-3 Visa Lawyer Can Help
When you work with one of our EB-3 visa lawyers, we can determine the appropriate classification for your position, identify potential concerns that may arise, and work with employers to complete the PERM labor certification process. Because there are several government agencies involved in this process, careful planning and coordination are important. We’re here to help qualifying employers maintain thorough records, respond to Requests for Evidence, and avoid inconsistencies between filings.
Let’s Discuss Your EB-3 Options
The EB-3 visa process can create valuable opportunities for employers and foreign workers, but you must meet strict compliance requirements and plan well in advance. Lorenzo Law Group can help you build a clear filing strategy around your goals. Contact us to request a consultation.
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