EB3 Visa Lawyers in Houston

The EB3 visa category is an employment-based immigration visa that allows foreign nationals to work and live permanently in the U.S. It falls under the third preference of the five employment-based green card categories.

Who Is Eligible for an EB3 Visa?

To qualify for an EB3 visa, you must have a job offer from a U.S. employer for employment that requires at least two years of experience, training, or education. Your employer will have to prove that there are no available and qualified U.S. workers who can perform the job offered.

The following are eligible for an EB3 visa:

• Skilled workers: This category includes foreign workers with at least two years of work experience in a skilled field.

• Professionals: Foreign nationals with a bachelor’s degree or equivalent, including individuals who possess exceptional skills in arts, sciences, or business.

• Unskilled Workers (Other Workers): This category is for foreign workers performing unskilled labor requiring less than two years of training or experience.

How Does the EB3 Visa Process Work?

The EB3 visa process involves three main steps:

1. Labor Certification: To start the process, your U.S. employer must obtain a labor certification from the DOL by filing Form ETA-9089. This form verifies that there are no qualified U.S. workers available for the job position being offered to you.
2. Form I-140 Petition: After receiving the labor certification, your employer must file Form I-140, Immigrant Petition for Alien Worker, with USCIS on your behalf.
3. Adjustment of Status or Consular Processing: If you are already in the U.S. on a nonimmigrant visa, such as an H-1B or L-1, you may be eligible to adjust your status to permanent residency. Otherwise, if you are outside the U.S., you will have to attend an interview at a U.S. embassy or consulate in your home country to obtain an EB3 immigrant visa.

Other Employment Requirements

PERM Labour Certification

Qualifying as a professional or other worker is not enough to get you the EB-3 visa. You must show evidence of a permanent full-time job offer from your employer. Additionally, your employer must have their labor certification approved by the Department of Labor (DOL). The DOL’s approval serves as confirmation to the USCIS that there are not enough U.S.-qualified workers who are able and willing to accept the job opportunity. It also confirms that the job position will not adversely affect the wages and working conditions of U.S. employees in similar positions.

Your employer must submit ETA Form 9089 to the DOL with all the necessary documentation, such as financial and payroll records. If the application is approved, they can proceed with the EB-3 visa application process. However, certain shortage occupations may not require an employer to undergo the PERM labor certification process.

If the DOL denies the PERM application, an experienced attorney from Andrew T. Thomas, Attorneys at Law, can assist in appealing the denial with the Board of Alien Labor Certification Appeals (BALCA). Our attorneys have a comprehensive understanding of the PERM labor certification process, and we can help you make your application stand out.

Minimum Wage Requirement

Your employer must also agree to pay you the prevailing wage for your job position. The prevailing wage refers to the average salary paid to workers with similar qualifications and experience in the same geographical location.

The U.S. Department of Labor provides a tool called Foreign Labor Certification Data Center which helps employers determine the required prevailing wage for your job position.

Understanding Priority Dates

When it comes to applying for permanent residence under certain green card categories, priority dates are vital. This is because the USCIS issues a limited number of EB3 visas yearly (140,000). Your priority date informs you of your place on the green card line and when you can begin your application.

If the EB3 visa application involves the PERM labor certification process, your priority date will be the date the DOL receives the PERM application. Where no PERM application was filed, your priority date will be the day the USCIS receives the Form I-140 from your employer.

You may apply for an immigrant visa, Form DS-260, in a U.S. embassy or consulate in your home country immediately after your priority date becomes current. This process is known as consular processing. By regularly checking the Department of State’s Visa Bulletin, you can confirm if your priority date is current.

Processing Time for the EB-3 Visa

The EB-3 visa process can be a relatively long process, depending on a variety of factors. These include your home country, the service center processing the application, and your individual circumstances. Applicants in countries like China and India, which have larger populations, may face lengthy priority date backlogs, making the process longer.

Generally, the processing time for an EB-3 visa can range from 6 months to a few years. The PERM labor certification process alone may take several months, and the USCIS can take several more months to review and approve the Form I-140 petition. If no additional issues arise during the adjudication of your case, you may then be eligible to apply for permanent resident status.

Our experienced EB3 visa lawyers can provide you with an estimate of how long your application process may take. We can also assist in expediting the process by ensuring all required documents are filed accurately and on time.