EB3 Visa

Secure U.S. Permanent Residency Through the EB3 Visa

The EB3 visa is a valuable employment-based immigration option for skilled workers, professionals, and certain other workers seeking permanent residency in the United States. As a third-preference employment-based Green Card, the EB3 visa opens doors to diverse career opportunities while providing a pathway to lawful permanent residency. This guide explores the EB3 visa process, eligibility requirements, and benefits, equipping you with the knowledge needed to achieve your immigration goals.

The EB3 Visa

The EB3 visa is a U.S. Green Card category designed for foreign workers in three primary categories:

Skilled Workers: Individuals with at least two years of training or work experience in a specific field.
Professionals: Workers with a U.S. bachelor’s degree or its foreign equivalent required for the job.
Other Workers: Individuals performing unskilled labor that requires less than two years of training or experience and is not temporary or seasonal.

Benefits of the EB3 Visa

Pathway to Green Card: Provides lawful permanent residency for you and eligible family members.
Employment Opportunities: Access to U.S. job markets in your field of expertise.
Family Inclusion: Spouses and unmarried children under 21 can also obtain Green Cards.

Who Qualifies for the EB3 Visa?

Eligibility depends on meeting the criteria for one of the three EB3 subcategories:

1. Skilled Workers
Applicants must demonstrate:

At least two years of training or work experience in a relevant field.
The ability to meet the job requirements as stated in the labor certification.

2. Professionals
To qualify as a professional, you must:

Hold a U.S. bachelor’s degree or its foreign equivalent.
Show that your degree is required for the job.

3. Other Workers
This category includes workers performing unskilled labor requiring less than two years of experience. The job must not be temporary or seasonal.

Step-by-Step Guide to the EB3 Visa Process

Step 1: Employer Sponsorship
The EB3 visa requires a U.S. employer to sponsor the applicant. The employer must offer a full-time, permanent position and be willing to support the Green Card process.

Step 2: PERM Labor Certification
Before filing the EB3 petition, the employer must obtain labor certification from the Department of Labor (DOL). This involves:

Demonstrating that no qualified U.S. workers are available for the position.
Offering a salary that meets the prevailing wage for the job and location.
Advertising the position and documenting recruitment efforts.

Step 3: File Form I-140 (Immigrant Petition for Alien Worker)
Once the PERM labor certification is approved, the employer files Form I-140 with U.S. Citizenship and Immigration Services (USCIS). This petition must include:

Approved labor certification.
Evidence of the job offer and the employer’s financial ability to pay the offered wage.
Documentation of the applicant’s qualifications.

Step 4: Monitor Visa Availability
Check the Visa Bulletin to confirm visa availability for your category and country of origin.

Step 5: File Form I-485 (Adjustment of Status) or DS-260 (Consular Processing)

Adjustment of Status: For applicants already in the U.S., file Form I-485 to adjust to permanent resident status.
Consular Processing: For applicants outside the U.S., file DS-260 and attend an interview at a U.S. Embassy or Consulate.

Step 6: Attend the Green Card Interview
Prepare to discuss your job offer, qualifications, and eligibility during the USCIS or consular interview.

Step 7: Receive Your Green Card
Upon approval, you and your family members will gain lawful permanent residency in the United States.

Common Challenges with the EB3 Visa Process

1. Navigating the PERM Labor Certification
The labor certification process involves strict compliance with Department of Labor regulations, including recruitment efforts and prevailing wage determinations.

2. Meeting Eligibility Requirements
Applicants must provide detailed documentation of their qualifications and work experience.

3. Dealing with Visa Backlogs
Applicants from certain countries may face delays due to annual visa quotas.

How Larhdel Law Can Help You Succeed

At Larhdel Law, we specialize in guiding employers and foreign workers through the complexities of the EB3 visa process. Our services include:

Eligibility Assessment: Ensuring you meet the criteria for the appropriate EB3 subcategory.
PERM Labor Certification Support: Assisting employers in navigating recruitment requirements and compliance with DOL standards.
Application Preparation: Ensuring all forms and supporting documents are accurate and complete.
Interview Preparation: Coaching applicants for USCIS or consular interviews.

Real-Life Success Stories

Case 1: Supporting a Skilled Worker’s Journey
A foreign welder faced challenges with documentation for the labor certification process. We helped the employer meet all requirements, resulting in a smooth application and approval.

Case 2: Assisting a Professional Accountant
An applicant with a foreign bachelor’s degree needed guidance in proving equivalency. Our team secured credential evaluations and demonstrated the degree’s relevance to the job, leading to success.

Case 3: Navigating an Unskilled Worker’s Application
A farmworker required support to demonstrate job eligibility. We worked with the employer to compile necessary evidence, ensuring approval for the worker and their family.

Common Mistakes to Avoid in EB3 Visa Applications

1. Incomplete or Incorrect Documentation
Ensure all forms, certifications, and evidence of qualifications are detailed and accurate.

2. Ignoring Labor Certification Rules
Employers must adhere to Department of Labor regulations to avoid delays or denials.

3. Overlooking Visa Bulletin Updates
Stay informed about visa availability to ensure timely filing.

Why Choose Larhdel Law for Your EB3 Visa Needs?

At Larhdel Law, we are committed to helping skilled and unskilled workers achieve their U.S. residency goals. Our services include:

Personalized Support: Tailored strategies to meet your unique needs.
Comprehensive Assistance: From labor certification to Green Card interviews, we handle every step.
Proven Success: A track record of successful EB3 applications across various industries.

The EB3 visa offers a reliable pathway to U.S. permanent residency for skilled workers, professionals, and other eligible individuals. Don’t let the challenges of the process hold you back. Contact an experienced immigration attorney today at 310 943 6352 for personalized guidance. Let Larhdel Law help you achieve your residency goals and unlock new opportunities in the United States.