EB-3 visa lawyer: your ultimate guide to secure your green card in 2024 and beyond!
Have you ever wondered how an immigrant in the US with an outstanding degree and years of experience, and has aced the NCLEX yet has a problem acquiring the EB-3 visa?
Understandably, the EB-3 visa could be slow and complex, but having an exceptional EB-3 lawyer can fast-track the process.
An effective EB-3 attorney proficiently handled legal issues, clarified possibilities, and alleviated concerns to assist immigrants in managing labor certificates, petitions, and interviews.
During the application procedure, feelings of despair and optimism may arise. You may secure your Green Card with the assistance of an EB-3 lawyer, making your American dream a reality.
Table of Contents
EB-3 Family Eligibility Status
EB-3 Visa Period of Validity and Fees
What is an EB3 Visa
Are you aspiring to reside and work in a place full of opportunities? The EB-3 visa might be your opportunity for success. Do not worry, the permanent residency process can be straightforward.
Let’s examine the details, reasons, and process of this popular visa category.
So, what exactly is an EB-3 visa?
The EB-3 visa is commonly chosen by skilled workers, professionals, and others in less specialized positions to get a green card, allowing them to reside and work permanently in the United States.
The categories are EB-3(A) for skilled workers with a minimum of two years of relevant experience or training, EB-3(B) for professionals with a bachelor’s degree and membership in their field, and EB-3(C) for other individuals with less specified training requirements.
The EB-3 visa provides greater flexibility in eligibility criteria and work experience requirements than other visas, allowing for a broader selection of professions and a route to becoming a citizen.
To get an EB-3 visa, an individual has to secure a U.S. employer to sponsor them, fulfill the particular criteria for their subcategory, collect supporting paperwork, submit required documents to USCIS, and get ready for interviews and background screenings.
The EB-3 immigration procedure is lengthy and requires patience due to fluctuating processing periods.
By meticulously strategizing, receiving appropriate advice, and demonstrating persistence, the EB-3 visa has the potential to open doors to a more promising future in the United States.
Who is an EB3 Visa Lawyer
The American Dream attracts many individuals, and the EB-3 visa is an essential milestone.
Navigating the intricate legal aspects of this employment-based route to permanent residency might be likened to aimlessly walking around a maze while blindfolded.
That’s when the crucial EB-3 visa attorney comes into play, acting as your reliable guide with a map and a torch.
Who is this legal expert, and why should you consider including them in your immigration process?
Consider an EB-3 visa lawyer as your immigration guide.
They profoundly comprehend the complex network of rules, regulations, and processes related to the EB-3 visa.
They have navigated through the extensive documentation several times, foreseeing possible obstacles and being well aware of the precise routes to attain your green card.
An EB-3 visa attorney is crucial for evaluating eligibility, guiding through the application procedure, and guaranteeing a seamless and compliant PERM labor certification.
They may determine credentials for various categories, prepare for stressful interviews, and support and partner throughout the process.
Selecting the appropriate attorney is a valuable investment for your future.
It is essential to seek a lawyer with expertise, specialization, effective communication, and availability.
An attorney with a strong history of success in EB-3 matters should specialize in immigration law, specifically on EB-3 visas.
They should be able to articulate information effectively, attentively listen to issues, and create an environment where you feel at ease to inquire.
Having a skilled EB-3 visa attorney will help you navigate hurdles effectively.
A seasoned attorney assisting you can help you obtain permanent status and realize your American Dream.
Feel free to consult with a seasoned EB-3 visa lawyer.
An EB-3 visa attorney is crucial for evaluating eligibility, guiding through the application procedure, and guaranteeing a seamless and compliant PERM labor certification.
They may determine credentials for various categories, prepare for stressful interviews, and support and partner throughout the process.
Selecting the appropriate attorney is a valuable investment for your future.
It is essential to seek a lawyer with expertise, specialization, effective communication, and availability.
An attorney with a strong history of success in EB-3 matters should specialize in immigration law, specifically on EB-3 visas.
They should be able to articulate information effectively, attentively listen to issues, and create an environment where you feel at ease to inquire.
Having a skilled EB-3 visa attorney will help you navigate hurdles effectively.
A seasoned attorney assisting you can help you obtain permanent status and realize your American Dream. Feel free to consult with a seasoned EB-3 visa attorney.
Types of EB3 Visa
The EB-3 visa, part of the Employment-Based Third Preference category, provides three pathways to obtaining permanent residency: Skilled Worker (EB-3A), Professional (EB-3B), and Other Worker (EB-3C).
Each pathway necessitates distinct criteria, including a minimum of two years of pertinent experience or training, a Bachelor’s degree, or under two years of experience.
Key components for success are Labour Certification, a document acquired from the Department of Labour, and a permanent, full-time work offer from a U.S. company.
Processing timeframes may vary according to the subcategory and country of origin. Therefore, it is essential to be patient.
It is crucial to uncover the mysteries of each subcategory, as they each include unique intricacies.
EB-3B professionals may require degree equivalence evaluations, but EB-3C “other workers” may have more extended processing waits because of yearly visa restrictions.
It is advisable to get counsel from immigration experts to understand the legal environment and enhance the quality of your application.
Thoroughly preparing your application enhances the likelihood of success.
The EB-3 visa is a valuable resource that may lead to a better future in the United States.
You can turn your goal into a reality with commitment, accurate knowledge, and some assistance.
Take a deep breath, begin your adventure, and remember that the American Dream is attainable!
Professional Workers (EB-3A)
Have you ever pondered the foundation of America’s varied workforce? Consider Professional Workers (EB-3A) for talented persons impacting the nation’s development.
From architects creating famous structures to nurses tending to our communities, this group offers vital experience and devotion across several professions.
Who are these EB-3A professionals?
Consider applicants beyond the conventional green card stereotype. They are educators fostering young intellects, technologists shaping the future, and counselors creating assistance networks.
They have bachelor’s degrees, extensive experience, and specialized skills essential to American industry.
What is their significance?
The answer is embedded in the essence of America’s prosperity. EB-3A experts help address significant skill shortages, leading to economic advancement and societal development.
They provide new insights, varied backgrounds, and an international outlook, enhancing communities and promoting creativity.
The path is challenging. However, obstacles persist.
Acquiring an EB-3A visa requires maneuvering through an intricate legal process, enduring extended waiting periods, and proving their worth to prospective employers.
Their dedication and passion demonstrate a strong desire to contribute to the American ideal.
Backlogs and visa constraints need to be clarified for candidates and businesses alike.
Enhancing efficiency and expanding visa allocations would draw in more skilled individuals, resulting in benefits for everybody.
Company owners, policymakers, and citizens need to comprehend the importance of EB-3A experts.
Skilled Workers (EB-3B)
The EB-3B visa is a route for talented individuals who want to get permanent residency in the United States.
The classification is within the employment-based third preference category and consists of three subcategories: EB-3(A) for Skilled Workers, EB-3(B) for Professionals, and EB-3(C) for Other Workers.
The EB-3(B) category is for skilled workers with a minimum of two years of experience, appropriate education or training, a job offer from a US business that demands two years of training or experience, and proof that no suitable US workers are available for the job.
The application procedure includes labor certification, filing an I-140 Immigrant Petition with USCIS, and applying for a US consulate or embassy visa.
Due to strong demand, processing timeframes may be lengthy. It is advisable to anticipate potential delays and get advice from an immigration attorney.
The EB-3B visa offers the opportunity to pursue US citizenship upon receiving the Green Card, the privilege of permanent residency and employment in the US, and the option to sponsor family members for immigration.
Ultimately, the EB-3B visa offers qualified people a significant chance to utilize their expertise in the US and establish a secure future.
Understanding the requirements, managing the application procedure, and getting legal guidance can significantly enhance success.
Unskilled Workers (EB-3C)
The term “Unskilled Workers” often carries negative connotations, but within the context of US immigration, it has a specific meaning related to the EB-3C visa category.
It aims to provide an objective and informative discussion about this category, exploring its purpose, requirements, and the ongoing debates surrounding it.
What is the EB-3C visa category?
The EB-3C visa, also known as “Other Workers,” falls under the Employment-Based Third Preference category for US immigration.
It enables foreign nationals to obtain permanent residency if they have a job offer for unskilled labor.
In the above context, unskilled labor refers to work that typically requires less than two years of training or experience. Examples include agricultural workers, construction workers, food service workers, and nursing aides.
Are you battling with the EB-3C visa requirements? Here are the steps involved.
Job offer: The applicant must have a full-time job offer from a US employer for a position that is not temporary or seasonal.
Unskilled labor: The job must require less than two years of training or experience.
Labor certification: The employer must demonstrate that they have made a reasonable effort to recruit US workers for the position and could not find a qualified candidate.
Other requirements may include medical examinations, background checks, and proof of financial stability.
The EB-3C visa category is often met with controversy. Some argue that it allows cheap foreign labor to undercut wages and displace US workers. Others contend that it fills labor shortages in crucial sectors where finding qualified US workers is difficult. The processing time for this visa can also be lengthy, creating challenges for employers and workers.
The EB-3C visa is a legal pathway for immigration and plays a role in fulfilling workforce needs in specific sectors.
The category has its critics and potential drawbacks, and ongoing discussions aim to address concerns about worker protection and possible exploitation.
Understanding the specific requirements and purpose of the EB-3C visa is crucial for informed discussions and policy decisions.
EB3 Visa Requirements
The EB-3 visa, or Preference Employment-Based Immigrant Visa, provides skilled workers, professionals, and specific “other workers” a route to obtaining permanent residency in the United States.
It is essential to comprehend the qualifying conditions if you aspire to secure your future in the U.S. through this pathway. Let’s analyze it:
Who qualifies for an EB-3 visa?
The EB-3 visa is divided into three primary categories.
Proficient laborers: These individuals have at least two years of relevant job experience or training related to the role. Post-secondary education that is pertinent might also be taken into account.
Experts: This category necessitates a U.S. bachelor’s degree (or its international equivalent) and a job offer that demands a bachelor’s degree as the minimum requirement.
Other Workers: This category includes occupations that need less than two years of training but does not include temporary or seasonal roles.
Essential Criteria for All Categories
Work Permit: This document, acquired from the U.S. Department of Labour, confirms the unavailability of eligible U.S. workers for the offered post.
You need a full-time, permanent work offer from a U.S. company prepared to sponsor your visa to be eligible.
Your passport must be valid for at least six months beyond your planned arrival date in the U.S.
Forms and Fees for Applications: Completing and submitting the necessary paperwork, such as I-140 and I-907, with the corresponding costs is obligatory.
Further Factors to Consider
Visa availability for EB-3 visas might fluctuate dramatically due to annual limitations. It is essential to be informed about the current wait times that pertain to your category.
Professional Workers (EB-3A) Requirements
Many competent professionals worldwide aspire to live and work in the United States. The EB-3A visa category, tailored for talented workers, provides a viable route to fulfill that aspiration.
Before starting this voyage, it is essential to comprehend the complex needs. Let’s explore the vital elements of becoming a candidate for EB-3A.
EB-3A eligibility requires at least two years of pertinent job experience or training. The experience must be closely connected to the employment available in the United States.
Post-secondary education can be viewed as qualifying training, which might enhance the flexibility of your profile.
Securing a willing U.S. employer is another crucial step. They offer you the job and play an essential part in showing the shortage of suitable U.S. workers for the post.
The procedure, called Permanent Labour Certification (PERM), includes advertising the post, documenting recruitment attempts, and demonstrating the absence of suitable U.S. candidates.
Experience is essential, although specific jobs may require specialized licenses or certifications.
It is necessary to investigate any supplementary necessary credentials in your chosen sector. Furthermore, proficient English language abilities are quite advantageous throughout the application procedure.
The process of obtaining an EB-3A visa can be protracted and intricate. Patience and thorough attention to detail are crucial.
Seeking advice from an immigration attorney can offer significant direction and help you manage the procedure effectively.
This article is a starting point; particular information and qualifying requirements may differ based on your circumstances.
Skilled Workers (EB-3B) Requirements
The EB-3 Visa, a component of Employment-Based Immigration, offers a route to obtaining permanent residency in the United States for skilled workers, professionals, and others.
It is aimed at professionals holding a bachelor’s degree or comparable credentials.
To be eligible, you must possess a U.S. bachelor’s degree or its international equivalent, secure a work offer from a U.S. business, and acquire a labor certification from your employer.
Expertise in your field might enhance your application.
Visa availability depends on yearly quotas, which may result in extended processing periods.
Required papers include your passport, academic transcripts, diplomas, employment verification, and medical test outcomes.
The EB-3B application comprises labor certification, I-140 immigrant petition, National Visa Centre (NVC) processing, consular interview, and Green Card issuance.
Due to the intricate nature of the procedure and its subtleties, it is advisable to consult with a skilled immigration lawyer for help.
This post offers basic information and should be interpreted as something other than legal counsel.
Seek advice from experienced immigration experts for tailored assistance tailored to your circumstances.
Unskilled Workers (EB-3C) Requirements
The EB-3C category, commonly called “Other Workers,” is intended for persons pursuing permanent status through employment requiring less than two years of training or experience.
This includes professions such as construction laborers, farmworkers, janitors, and housekeepers.
EB-3C candidates must meet the criteria of being offered and able to undertake employment that usually necessitates less than two years of training or experience.
An offer for permanent, full-time employment from a U.S. company is required, and the firm must show genuine attempts to attract skilled U.S. workers before considering other options.
Additional factors to examine are eligibility for entry into the United States and fulfilling the specified criteria detailed in the Labour Certification for the position.
The Labour Certification is crucial in the EB-3C process, where the employer must demonstrate to the Department of Labour the genuine necessity for the foreign worker’s particular skills, the offering of prevailing wages and working conditions, and the recruitment of U.S. workers through multiple channels without success in finding suitable candidates.
EB-3C application processing timeframes can be extended because of visa backlogs, thus, it is advisable to get guidance from an immigration attorney for precise timelines.
EB3 Visa Application Process
The EB-3 visa, the “third preference” employment-based green card, provides a route to permanent residency for talented workers and professionals in the United States.
The application procedure may appear intimidating, with many stages and precise prerequisites.
This post seeks to clarify the path by thoroughly describing the EB-3 visa application procedure.
The Main Participants
US Employer: During the procedure, your supporter starts the labor certification and submits the required petitions.
Foreign Worker: The candidate must satisfy the eligibility requirements and provide the necessary papers.
The US Department of Labour (DOL) confirms that no eligible American workers are available for the job.
The US Citizenship and Immigration Services (USCIS) evaluates your petition and assesses your qualifications for a green card.
The National Visa Centre (NVC) handles immigrant visa applications outside the United States.
US Embassy or Consulate: Performs the visa interview in your country of residence.
Success Blueprint
Section 1: Labour Certification (PERM)
work Opportunity: Obtain a full-time work offer from a US firm prepared to sponsor your green card.
PERM Application: The employer submits a PERM application to the Department of Labour, showing that they advertised the job and could not locate suitable American candidates.
Processing Time: Approval may take 6-12 months, maybe longer, based on workload.
Step 2: Submit Petition and Visa Application
The employer submits Form I-140, Immigrant Petition for Alien Worker, to USCIS.
Priority Date: Once approved, a priority date determines your position in the queue.
Eligibility: Fulfill the criteria for your EB-3 classification (skilled worker, professional, or other worker).
Required Documents: Collect proof of your qualifications, such as diplomas, job experience, and the authorized PERM.
Processing Time: Duration is contingent on your priority date and workload, spanning many years.
Part 3: Visa Interview and Adjustment of Status
Visa Interview: When your priority date is current, you must participate in an interview at a US embassy or consulate in your country of residence.
If you are currently in the US legally, you may qualify to change your immigration status without having to depart the country.
Duration: Visa interviews and revisions may need many months to complete.
Further factors to consider
Legal Advice: It is recommended to consult with an immigration attorney for tailored advice and support.
Expenses: Anticipate incurring costs during the procedure, such as government filing fees, legal representation, and medical assessments.
Duration of Processing: Expect delays due to backlog and changes in workload.
E-3 Visa Caps
The E-3 visa is a competitive option for Australians looking for U.S. jobs, with an annual limit of 10,500 that has never been reached in the past.
Exceptions include renewals, extensions, and dependent visas.
Applicants should begin the process early, get employer sponsorship, confirm their profession is on the “specialty occupation” list, and collaborate with an immigration counsel to navigate the system.
The E-3 visa has a longer initial validity of 2 years, allows for infinite renewals, and does not have dual-purpose limitations, unlike the H-1B visa.
It is exclusively accessible to Australians and has more stringent occupational criteria than the H-1B visa.
In summary, the E-3 visa program provides a significant chance for skilled individuals seeking employment in the United States.
Nevertheless, its historical lack of use and exceptions render it a feasible choice for skilled individuals. Australians may successfully traverse the E-3 system and achieve their American dream by comprehending the regulations, receiving professional advice, and taking aggressive steps.
EB-3 Family Eligibility Status
The EB-3 visa category is an option for foreign individuals wanting to become permanent United States residents.
It is categorized into three subgroups: skilled workers, professionals, and other workers.
The EB-3 visa permits immediate family members to accompany the principal applicant or join them later through “derivative” status. Married spouses can apply for E-34 or EW-4 visas, while unmarried children under 21 qualify for E-35 or EW-5 visas.
Eligibility criteria include marriage documents, evidence of continuous partnership, children’s ages, and financial assistance.
Spouses can apply for Employment Authorization Documents (EADs) under E-34/EW-4 to work lawfully while waiting for their green card application, while children must receive their green cards via E-35/EW-5.
Yearly caps influence EB-3 visa processing dates and might fluctuate based on the specific subcategory and applicant’s nationality.
Presently, wait periods might extend to several years because of backlogs.
It is advisable to get guidance from a seasoned immigration lawyer to negotiate the intricacies of EB-3 family eligibility and the application procedure.
It is essential to be informed about current rules. This article offers general information and should not be considered a replacement for legal advice.
EB-3 Visa Timeline
The EB-3 visa, referred to as the “other workers” visa, provides a route to obtaining permanent residency in the United States for those working in unskilled, skilled, and professional positions.
Yet, doubt may obscure this trip, especially concerning the timeframe.
How long does it take to obtain an EB-3 visa? Prepare yourself as we go into the timing of the EB-3 visa, examining important elements and providing guidance to help you set realistic expectations.
Step 1: Labour Certification (PERM)
The initial obstacle is acquiring a labor certification. Your firm must show that employing a foreign worker will not harm U.S. workers’ pay and working conditions. Processing generally requires 6-9 months.
However, timelines may fluctuate based on the Department of Labor’s workload and any possible obstacles.
Step 2: Complete Form I-140, the Immigrant Petition for Alien Worker
After obtaining the labor certification, your employer submits Form I-140 on your behalf.
This petition confirms your qualification for the EB-3 category. Typical processing timeframes are around 4 months, subject to change.
Step 3: Awaiting Visa Availability
This is when things become more complex. Following the acceptance of the I-140, you join the visa queue.
Regrettably, there are restrictions on the amount of EB-3 visas that may be awarded to each nation due to yearly immigration quotas.
As a result, there is a backlog, leading to waiting times of 1 to 3 years, and in certain countries, delays might extend up to 6 years.
Monitoring visa bulletin updates from USCIS is essential to assess your advancement.
Step 4: Adjustment of Status or Immigrant Visa Application
If you currently reside in the United States with legal status, you can change your immigration status. This requires submitting Form I-485 and participating in an interview.
The typical processing timeframes range from 7.5 to 32.5 months.
Individuals outside the United States must get an immigrant visa at a U.S. consulate, extending the process by 9 months.
Variables Impacting Your Schedule
Nation of Origin: Visa quotas by nation significantly affect waiting periods. Nations with a large volume of applications encounter extended waiting periods.
EB-3 Classification: The EB-3 visa consists of three subcategories: unskilled, skilled, and professional, each having unique procedure intricacies.
USCIS caseload variations can affect the processing timelines for each stage.
Opt for Premium Processing to accelerate I-140 processing to 15 calendar days for an extra cost. This choice does not impact the waiting times for visa availability.
EB-3 Visa Period of Validity and Fees
The EB-3 visa, referred to as the “other worker” visa, offers a route to obtaining permanent residency in the United States for both skilled and unskilled workers.
The validity of the document is dependent on the Labour Certification Application (LCA) submitted by the employer, which specifies the employment information and length of time.
The validity of the LCA extends from one to three years and can be renewed. The combined duration must be at most 24 months, and any job alterations need a fresh LCA and visa stamp.
Acquiring an EB-3 visa consists of many phases, each with separate expenses.
The fees cover Form I-140, Form I-485, Biometrics Fee, Consular Processing Fee, and Optional Premium Processing for Form I-140.
Extra expenses may involve lawyer fees, medical assessments and immunizations, language translation and interpretation services, and travel charges.
The EB-3 visa’s duration is tied to the Labour Condition Application (LCA) and can last up to 24 months.
Costs are distributed over many phases and may change based on processing choices.
Frequently Asked Questions
How much does the EB3 visa cost?
The fees to be paid by the employer and employee are as listed: The I-140 charge of $700 is covered by the employer. The I-907 price for premium processing is $1,440, and it is optional and paid by the employer. The employee paid a $1,140 cost for the I-485 Status Adjustment.
Which agency is best for an EB3 visa?
BDV Solutions is the world’s largest immigration agency, specializing in the EB-3 Unskilled Visa. We provide a diverse selection of EB-3 employment opportunities in various areas nationwide. The U.S. Government created the EB-3 Unskilled Visa in 1990 under the Immigration and Nationality Act.
How much does a US visa lawyer cost?
In a straightforward case, the total charge may be as little as $1,500, but in a more intricate case, it could exceed $15,000.
Anticipate additional costs if you decide to appeal your case. When the lawyer provides an hourly fee, the cost will range from $150 to $600 per hour.
Who can sponsor an EB3 visa?
The EB3 visa permits a U.S. corporation to sponsor a foreign worker for permanent residency. The EB3 visa allows professionals, skilled workers, and unskilled people to get a U.S. green card by securing a full-time job offer from a U.S. corporation.
How Do I File for an EB3 Visa?
To be eligible for an EB-3 visa, you must assess your qualifications, secure a job offer from a U.S. firm, and fulfill educational and work experience criteria.
The labor certification procedure requires showing that the company needs help locating a suitable American worker.
The employer is required to submit a labor certification application to the Department of Labour.
After accepting the labor certification, you must submit Form I-140 to USCIS. The Department of State updates the priority date monthly.
If you are currently in the United States, you can submit Form I-485 to apply for permanent residency or modify your status. Individuals outside the United States must undergo consular procedures to get their immigrant visas.
To complete the process, you will likely have to participate in interviews and submit several papers to USCIS or the consulate, including your passport, birth certificate, and police clearance certificates.
You will be granted an EB-3 visa or a green card upon approval. Consulting with an immigration attorney or a competent immigration service provider is crucial to fully comprehend all criteria and timeframes.
How Long Does it Take to Get an EB3?
Processing the EB3 Visa is time-consuming. The duration might vary from 1 to 3 years, depending on your place of origin.
Some nations with a limited yearly visa quota may need up to 6 years for processing. The processing period for PERM labor certification is typically 6 to 9 months.
Is there a Difference Between an EB3 Visa and an EB3 Green Card?
The EB-3 Visa and EB-3 Green Card are employment-based immigration visas. The EB-3 Visa permits a non-US citizen to temporarily reside and work in the United States, usually for a maximum of six years.
The document was issued by the U.S. Citizenship and Immigration Services (USCIS) and is valid for six years. The EB-3 Green Card, or third priority visa, is a permanent residency permit that allows a foreign individual to dwell and work in the U.S. without time limits.
The procedure includes submitting an immigrant visa petition, providing supporting papers, and attending an interview with a USCIS official.