EB3 Visa | EB3 Visa Lawyer

What is EB-3 visa?

Are you a professional with a bachelor’s degree seeking employment in the United States? Or perhaps you’re a skilled or unskilled worker looking for job opportunities? The EB-3 visa category may be your solution and our EB3 visa lawyer can assist you with the process.

The EB-3 visa is an employment-based green card category that offers foreign workers and their families the opportunity to live and work permanently in the United States. Whether you’re a skilled professional, a skilled worker, or an unskilled worker, you may qualify for an EB-3 visa.

To apply, your U.S. employer must first obtain a PERM labor certification, confirming there are no qualified U.S. workers available for the position. Once approved, you can then proceed with the green card application process.

Our EB3 visa lawyer uses their expertise to advise you on all aspects of business immigration.

The EB-3 visa category is specifically designed for employees working in full-time positions for a U.S. employer. Self-employed individuals and business owners are generally not eligible for EB-3 visa (with certain exceptions). Part-time and contract workers do not qualify for this visa.

Unlike the more stringent EB-1 and EB-2 categories (including EB-2NIW and EB-1C), the EB-3 visa has less demanding eligibility criteria, making it a more accessible option for many foreign workers seeking permanent residency in the United States.

EB3 Visa Category

You may qualify for an EB-3 visa if you meet the requirements for one of these occupational categories:

(1) skilled worker with at least 2 years of job experience, education or training for positions for which qualified workers are not available in the United States

(2) professional who possesses a U.S. bachelor’s degree or foreign equivalent, is a member of the professions for which qualified workers are not available in the United States and a U.S. bachelor’s degree or foreign equivalent is the normal requirement for entry into the occupation, or

(3) unskilled and other workers performing unskilled labor requiring less than 2 years of training or experience and the work is not of a temporary or seasonal nature.

Securing an EB-3 visa involves a complex process that requires a U.S. employer to obtain an approved PERM labor certification from the Department of Labor. This certification confirms there are no qualified U.S. workers available for the position. Additionally, a formal job offer for a permanent, full-time role is essential.

Who can apply for EB3 visa?

The EB-3 visa is intended for positions that do not necessitate an advanced degree or a combination of a bachelor’s degree and five years of work experience.

The EB-3 visa is a U.S. employment-based green card category designed for a wide range of workers. From skilled professionals requiring a bachelor’s degree, such as software engineers and financial analysts, to unskilled laborers like truck drivers, housekeepers, landscapers and general laborers, the EB-3 visa offers a pathway to permanent residency for individuals in various occupations.

This means that any foreign employee with or without a bachelor’s degree can apply for EB-3 visa if they have a job offer from a US employer and meet the job requirements. The job requirements for the position depend on whether the sponsored position for EB3 visa is for a professional, skilled or unskilled worker.

EB3 Visa Process

Obtaining an EB-3 visa requires a concerted effort by both the employer and the foreign worker. The process typically involves the following steps:

PERM Labor Certification: The employer must initiate the process by filing a PERM Labor Certification application with the DOL to demonstrate that no qualified U.S. worker is available for the position.

I-140 Immigrant Petition: Once the PERM is approved, the employer files an I-140 Immigrant Petition with U.S. Citizenship and Immigration Services (USCIS) on behalf of the foreign employee.

Adjustment of Status or Consular Processing: The foreign worker can then either apply for Adjustment of Status if already in the United States or process the EB-3 visa at a U.S. consulate abroad.

PERM Labor Certification

The PERM Labor Certification is a rigorous process that requires employers to:

Identify a suitable job: Certify that a position is available in a specified field and the job is available to U.S. workers
Determine prevailing wage: Determine the appropriate wage for the position based on industry standard and location where the job is available;
Conduct extensive recruitment: Implement an extensive recruitment process to demonstrate that no qualified US workers are available to take the position.

Successful PERM approval hinges on meticulous adherence to recruitment guidelines. Any irregularities can trigger a DOL audit, significantly delaying the process. Moreover, in certain situations, the DOL sends out Requests for Evidence for the PERM Labor Certification. Our EB3 visa lawyer can assist with the PERM labor certification process and streamline your EB3 visa process.

It’s crucial to remember that the PERM process evaluates the position based on minimum qualifications, not ideal candidate criteria.

I-140 Immigrant Petition with USCIS

Once the PERM labor certification is approved, the employer must file Form I-140, the Immigrant Petition for Alien Worker, with USCIS. To expedite the process, employers can opt for premium processing, which guarantees a decision within 15 calendar days for an additional fee.

A critical component of the I-140 is demonstrating the employer’s ability to pay the offered wage. To show the ability to pay the salary offered, the employer must provide acceptable financial documents including annual reports, IRS tax returns, or audited financial statements. If your company lacks these, our EB3 visa lawyer can assist you with proving the ability to pay the wage offered.

Concurrently, the foreign worker must provide evidence validating their qualifications as outlined in the approved PERM labor certification.

Adjustment of Status or Consular Processing

Once your EB3 visa priority date becomes current, you can begin the final step towards obtaining your EB-3 green card. You have two options:

Adjustment of Status: If you’re already in the U.S. with a valid immigration status, you can file Form I-485 with USCIS to adjust your status to permanent resident.
Consular Processing: If you’re outside the U.S., you’ll need to attend a visa interview at a U.S. consulate or embassy to obtain your green card.

The choice between these options depends on your current location and immigration status.

EB3 Visa Requirements

To qualify for an EB-3 visa, you must meet specific criteria based on your occupation:

Skilled Worker: At least 2 years of relevant experience, training or education, often including relevant post-secondary education
Professional: A bachelor’s degree or its foreign equivalent. Education and experience cannot be substituted for the degree requirement.
Unskilled Worker: Less than 2 years of training or experience for the job (excludes jobs of a temporary or seasonal nature)
Full-time job offer from US employer
Approved PERM labor certification

Recruitment for EB3 Visa

To demonstrate the unavailability of qualified U.S. workers, employers must conduct a comprehensive recruitment process. This involves:

Identifying Potential Candidates: Reviewing resumes to pinpoint individuals meeting the job’s minimum education and experience criteria.
In-Depth Interviews: Conducting interviews with qualified candidates to assess their qualifications, skills, and overall suitability for the position.
Comprehensive Evaluation: Determining if applicants meet all job requirements and are otherwise willing, able, and available to accept the job offer.
Documentation: Completing a detailed recruitment report outlining the entire process.

By diligently following these steps, employers can strengthen their PERM labor certification application and increase the chances of a successful EB-3 visa petition.

EB3 Visa Processing Time

The overall EB3 visa processing time is 16 to 22 months. The overall timeline is significantly influenced by the following stages:

Prevailing Wage Determination: Typically takes 5 to 6 months
Recruitment Process: Generally requires 1 to 3 months to conduct necessary job searches and interviews.
PERM Labor Certification ETA Form 9089: The core of the process, this stage usually takes 12 to 13 months.
Potential DOL Audit: If selected for audit, an additional 8 to 9 months can be added to the timeline.

It’s important to note that these are estimated timelines and actual processing times may vary based on individual case complexities and USCIS and DOL workloads.

Our EB3 Visa Lawyer can assist

The EB-3 visa can offer U.S. companies a strategic advantage, particularly amid labor shortages. By securing skilled or unskilled foreign talent on a permanent basis, businesses can enhance competitiveness and productivity. However, the EB-3 process is complex and fraught with potential pitfalls, demanding careful planning and expert guidance.

Contact us, your experienced EB3 visa lawyer in Miami, Florida USA to schedule an appointment and find out more about the EB-3 visa program and other visa options available to you.

We serve companies and individuals across all 50 states, the District of Columbia and Puerto Rico.

Contact us or schedule a consultation.

Malescu Law P.A. – Business & Immigration Lawyers