Proudly Serving Dallas, FT.Worth, San Antonio, Houston.
Proudly Serving Dallas, FT.Worth, San Antonio, Houston.
Many foreign-born employees dream of living and working in the United States (U.S.). The immigration law makes it possible for employers to sponsor thousands of foreign nationals for green cards yearly through the employment-based third preference (EB3) category. However, the immigration process involves several steps which may be complex.
Are you a U.S. employer looking to sponsor a foreign professional or a foreign worker who wants to work in a particular job field? The EB-3 visa may be what you need. Andrew T. Thomas, Attorneys at Law, has helped many foreign workers secure employment visas in the U.S. We understand the EB3 immigration process and the documents required by the U.S. Citizenship and Immigration Services (USCIS). Our team can offer you immediate guidance on the steps you must take to make your immigration dreams a reality.
The EB3 immigrant visa authorizes U.S. employers to hire foreign professionals, skilled workers, and other workers to come and live and work permanently in the U.S. Before you can be eligible for the EB3 visa, you must meet the USCIS requirements for one of the following:
Skilled workers: You have at least two years of training or experience (not of a temporary or seasonal nature). Your relevant post-secondary education may be considered training.
Professionals: You have at least a U.S. baccalaureate degree or foreign degree equivalent.
Other or unskilled workers: You are performing a job that requires less than two years of training or experience (not of a temporary or seasonal nature).
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).
EB-3 visa applications are regularly filed by the employer making the job offer. They must complete and file Form I-140 (Immigrant Petition for Alien Workers). They must also verify that you meet the job requirements and that they can pay the offered wages. After submitting the form, the USCIS will notify your employer that they have received the application.
If you are already in the U.S. on a valid non-immigrant visa, you may file Form I-485 (application to register permanent residence) concurrently with Form I-140. Otherwise, you will go through consular processing.
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.
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. Our experienced EB3 visa lawyers can provide you with an estimate of how long your application process may take.
Immigration law is complex, but having a skilled immigration lawyer on your side can be beneficial. At Andrew T. Thomas, Attorneys at Law, our business immigration attorney has helped several clients file employment-based immigrant petitions. We can assist you in the following ways:
Guide you through the PERM labor certification process
Help you navigate the EB-3 visa process
Advise you on any immigration laws that may apply in your case
Assist you in collecting and preparing the necessary documents to be filed with your application
Help you properly file and submit your Form I-140 and Form DS-260
Advise you on your eligibility for other employment-based immigrant visa categories
Filing an immigration petition can be tedious and time-consuming when unfamiliar with the process. If you make mistakes on your application, it may result in a delay or denial. This can result in you losing the opportunity to work in your dream job or, if you are an employer, losing skilled hands that can help your company move forward.
Consulting the right immigration lawyer can help eliminate these concerns and push you one step closer to getting your green card. Andrew T. Thomas, Attorneys at Law, has the knowledge and skills that you may be looking for. Schedule a free consultation with us today so we can begin working on your case.