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EB3 Visa: Employment-Based Immigration for Skilled Workers, Professionals, and Other Workers
Welcome to Oliveira Lawyers, your reliable partner for immigration services in the United States. Our experienced team assists individuals and employers throughout the intricate process of obtaining an EB3 Visa. Whether you are a skilled worker, professional, or an unskilled laborer with a job offer, you’ve come to the right place.
This page serves as your definitive guide to the EB3 Visa, a visa category designed for individuals seeking permanent employment in the U.S. The EB3 Visa provides access to both skilled and unskilled workers, granting opportunities to contribute to the American workforce. Furthermore, the EB3 Visa is a pathway to permanent residency, helping individuals build a stable future in one of the world’s most dynamic economies.
EB3 Visa in the US
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What is an EB3 Visa?
The EB3 Visa, an employment-based immigrant visa, allows U.S. employers to sponsor foreign workers for permanent residency. Specifically, this visa category targets individuals in three subcategories: skilled workers, professionals, and unskilled workers (other workers). The EB3 Visa offers an opportunity for foreign nationals to live and work permanently in the U.S., provided they meet the qualifications required for their specific subcategory
Definition and Purpose of the EB3 Visa
The EB3 Visa serves to address labor shortages in the U.S. by providing a legal pathway for foreign workers to fill positions that U.S. employers cannot. This visa category allows workers to secure permanent employment in the U.S., especially in industries with high demand for skilled or unskilled labor. Through this program, employers can tap into international talent to meet business needs while foreign workers can achieve long-term residency.
Eligibility Criteria for the Petitioner and the Beneficiary
Both the U.S. employer (petitioner) and the foreign worker (beneficiary) must meet certain conditions to qualify for the EB3 Visa.
U.S. Employer Petitioner:
- The employer must obtain an approved Permanent Labor Certification from the U.S. Department of Labor, demonstrating the inability to find qualified U.S. workers for the role.
- After securing labor certification, the employer must file Form I-140 with the U.S. Citizenship and Immigration Services (USCIS) to petition for the foreign worker.
Worker Subcategory Requirements:
- Skilled Workers: The foreign worker must have at least two years of job experience, training, or education relevant to the position.
- Professionals: The worker must hold a U.S. bachelor’s degree or a foreign equivalent in a relevant field.
- Unskilled Workers: No formal education is required, but the foreign worker must be capable of performing labor requiring less than two years of training or experience.
Educational Qualifications and Experience
- Each subcategory under the EB3 Visa has specific educational and experience-related qualifications. Skilled workers and professionals must provide documentation demonstrating their educational background or relevant job experience. For unskilled workers, employers must prove the availability of positions that require less formal training, ensuring compliance with U.S. labor regulations.
Supporting Documentation for the EB3 Visa
- Both employers and beneficiaries need to submit detailed documentation to demonstrate eligibility under the EB3 category.
Required Documents from the Employer:
- Permanent Labor Certification: A certification from the Department of Labor, confirming the position’s need and the lack of available U.S. workers.
- Form I-140 Petition: A detailed submission to USCIS outlining the foreign worker’s qualifications and the job position.
- Job Offer Letter: Documentation outlining the terms of employment, including salary, job duties, and conditions of employment.
Required Documents from the Beneficiary:
- Educational Credentials or Experience Letters: Documentation showing relevant education or job experience (for skilled workers and professionals).
- Proof of Identity: Copies of the foreign worker’s passport and any prior immigration documents.
- Supporting Evidence: Any additional documentation necessary to establish eligibility for the specific subcategory, such as training certifications or work history.
Legal Status and Compliance
- To successfully obtain the EB3 Visa, the foreign worker must adhere to U.S. immigration laws. The worker must maintain lawful status throughout the application process.
- If their petition is approved, they may obtain a green card and live in the U.S. permanently. In case of visa expiration or petition denial, the worker must take necessary steps to either depart the U.S. or seek lawful alternatives, such as an extension or adjustment of status.
Importance of Demonstrating Eligibility and Compliance
Both the employer and the foreign worker must provide thorough documentation to demonstrate eligibility for the EB3 Visa. Employers must comply with all U.S. labor laws and ensure that the job offer meets wage and working condition requirements. Failure to meet these criteria may result in delays or denial of the visa.
Key Factors to Strengthen the Application:
Labor Certification: Employers must ensure that the certification process clearly outlines the need for foreign workers and the efforts to recruit U.S. employees.
Clear Job Description: The job description should match the beneficiary’s qualifications and the requirements of the visa subcategory.
Salary and Working Conditions: Employers must prove that wages offered meet or exceed industry standards, ensuring compliance with U.S. labor regulations.
Challenges and Solutions for EB3 Applicants
Navigating Labor Certification: The Permanent Labor Certification process can be complex, as employers must demonstrate that no qualified U.S. workers are available for the position. To address this challenge, employers should work closely with legal professionals to ensure that recruitment efforts are well-documented and that all Department of Labor requirements are met.
Managing Processing Times: EB3 Visa applications can face delays due to processing times and visa backlogs, particularly in high-demand subcategories. Both employers and foreign workers should prepare for potential delays by submitting documents early and accurately to avoid processing issues.
Visa Retrogression: In some cases, visa retrogression can occur, meaning there are more applicants than available visa numbers. Workers impacted by retrogression may need to wait for their priority dates to become current before continuing with the immigration process.
By meeting the eligibility criteria and preparing strong documentation, employers and workers can significantly enhance their chances of obtaining an EB3 Visa. Both parties must remain proactive throughout the application process, addressing potential challenges promptly to avoid delays. For many foreign nationals, the EB3 Visa represents a valuable opportunity to achieve permanent residency in the United States while contributing to the nation’s workforce.
EB3 Visa in the US
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Benefits of the EB3 Visa
The EB3 Visa offers numerous advantages for foreign professionals, skilled workers, and other qualified individuals seeking to work in the United States. It serves as an essential route for individuals aiming for employment-based permanent residency. Below are the key benefits of the EB3 Visa:
Rights and Privileges of EB3 Visa Holders
The EB3 Visa is highly valued because of the various rights and privileges it grants to foreign workers across different employment categories:
Permanent Residency in the U.S.: Unlike temporary work visas, the EB3 Visa grants individuals lawful permanent residency. This allows visa holders to live and work in the U.S. indefinitely, providing stability and long-term opportunities for professional and personal growth.
Eligibility for Different Worker Categories: The EB3 Visa is available to three primary groups: professionals, skilled workers, and unskilled workers. Each group must meet specific qualifications, such as holding a U.S. bachelor’s degree (for professionals) or having at least two years of work experience (for skilled workers). This inclusivity ensures that a wide range of individuals can apply for permanent residency.
Work Authorization: EB3 Visa holders are authorized to work in their designated field of employment. This work authorization is crucial for employers seeking to hire foreign workers to meet their specific needs. Additionally, EB3 workers can apply for adjustment of status to become permanent residents.
Pathway to U.S. Citizenship Through the EB3 Visa
Although the EB3 Visa grants permanent residency, it also serves as a pathway to U.S. citizenship for eligible individuals:
Green Card Sponsorship: Employers play a key role in the EB3 process by sponsoring foreign workers for employment-based Green Cards. This sponsorship enables EB3 holders to transition from temporary work status to permanent residency. Once an individual has held their Green Card for five years, they may apply for U.S. citizenship through naturalization.
Family Benefits: EB3 Visa holders can bring their spouse and dependent children under 21 years old to the U.S. as permanent residents. This allows families to reside together in the United States, providing them with similar rights and privileges as the primary visa holders.
Work Authorization for EB3 Visa Holders
The EB3 Visa allows individuals to work in the U.S. under well-defined conditions:
Employment in Designated Roles: EB3 Visa holders are permitted to work in positions that match their skills and experience. For professionals, this typically means holding a job that requires at least a U.S. bachelor’s degree. Skilled workers must meet the criteria of having two years or more of experience in their field, while unskilled workers must prove that they can perform jobs requiring less experience.
Work Authorization for Dependents: The spouses and children of EB3 Visa holders can obtain lawful permanent residency through derivative status, allowing them to live and work in the United States. In most cases, spouses are eligible to work without needing separate employment authorization documents.
Duration and Renewal of the EB3 Visa
The EB3 Visa is structured to provide long-term residency with opportunities for career advancement:
Permanent Residency Upon Visa Approval: Once the EB3 Visa is approved, the applicant is granted lawful permanent residency, allowing them to stay in the U.S. indefinitely. Unlike temporary work visas, there is no fixed expiration date, offering greater security for visa holders and their families.
Job Portability: After receiving a Green Card through the EB3 Visa, individuals are not required to stay with their sponsoring employer. This allows them to change jobs, pursue career advancements, or start their own business while maintaining their permanent resident status.
No Need for Visa Renewal: As a permanent resident, EB3 Visa holders do not need to renew their visa. They can enjoy the benefits of living and working in the U.S. for as long as they maintain their permanent resident status. Additionally, if they choose to apply for U.S. citizenship, they can do so after fulfilling the necessary requirements.
The EB3 Visa offers significant opportunities for foreign workers seeking permanent residency in the U.S. By providing a stable path to living and working in the country, the EB3 Visa is an essential tool for individuals looking to build a long-term future in the United States.
EB3 Visa Requirements
To successfully apply for an EB3 Visa, it is crucial to understand the primary eligibility criteria. The EB3 Visa is designed for individuals seeking permanent residency through employment in the United States. This visa category accommodates skilled workers, professionals, and unskilled workers, each with its own specific set of requirements. Both the applicant and the U.S. employer (sponsor) must meet certain standards, and thorough documentation is required to support the application. In the following sections, we will outline the essential requirements and documents necessary for a successful EB3 Visa application.
Detailed List of Requirements for the EB3 Visa Employer (Petitioner)
- Must offer a permanent, full-time position in the United States that requires a foreign worker to fill.
- Must obtain a certified Labor Certification from the U.S. Department of Labor, confirming that there are no qualified U.S. workers available to fill the position.
- Must file Form I-140, Immigrant Petition for Alien Worker, with the U.S. Citizenship and Immigration Services (USCIS) to initiate the application process.
- Must demonstrate the financial ability to pay the offered wage to the foreign worker as stated in the Labor Certification.
Detailed List of Requirements for the EB3 Visa Beneficiary (Applicant)
Skilled Workers:
- Must possess at least two years of job experience or training relevant to the offered position.
- Must have a valid job offer from a U.S. employer for a permanent, full-time position.
Professionals:
- Must hold a U.S. bachelor’s degree or foreign equivalent that is related to the offered position.
- Must demonstrate that the position typically requires a bachelor’s degree or higher in a specific professional field.
Unskilled Workers:
- Must be capable of performing unskilled labor that is not temporary or seasonal in nature.
- Must have a valid job offer from a U.S. employer that requires less than two years of training or experience.
Necessary Documentation for the EB3 Visa Application
Supporting your EB3 Visa application with the correct documentation is essential to proving eligibility. Below is a detailed list of the required documents for a successful application:
Form I-140: The U.S. employer must complete and file the Immigrant Petition for Alien Worker (Form I-140) with USCIS to begin the process.
Labor Certification: The employer must provide an approved Labor Certification from the U.S. Department of Labor, certifying that there are no qualified U.S. workers available for the job and that the employment of the foreign worker will not adversely affect the wages and working conditions of U.S. workers.
Proof of Qualifications: Depending on the visa category (skilled worker, professional, or unskilled worker), the applicant must provide documents that prove their qualifications for the offered position. This may include:
- Job experience letters
- Diplomas and certifications
- Training records
Proof of Job Offer: The applicant must submit documentation that verifies the job offer, such as an employment contract or a detailed offer letter outlining the job responsibilities, salary, and terms of employment.
Immigration Status Documentation (if applicable): If the applicant is already in the United States, copies of any current immigration documents, such as their visa, I-94, or employment authorization, should be included.
Medical Examination and Background Check Requirements
As part of the EB3 Visa process, the applicant must undergo a medical examination and provide evidence of passing all necessary background checks. These requirements include:
- Medical Examination: A designated civil surgeon must conduct the medical exam to confirm the applicant meets the health-related criteria for entry into the United States.
- Police Certificates: The applicant must provide police certificates from their country of residence as proof of no criminal history.
Ensuring that you meet all eligibility criteria and submit complete, accurate documentation is key to a successful EB3 Visa application. Every detail, from obtaining the required Labor Certification to providing proof of qualifications, plays an important role in ensuring a smooth and efficient visa application process. By carefully preparing your application, you can improve your chances of securing permanent residency through the EB3 Visa program.
EB3 Visa in the US
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#2 Schedule a Consultation now.
EB3 Visa Application Process
Navigating the EB3 Visa application process may initially seem complex, but following the proper steps ensures a smoother and more efficient experience. This section provides a detailed guide to the EB3 Visa process, helping applicants meet essential requirements and procedures to secure their visa approval.
Step-by-Step Guide to the EB3 Visa Application Process
1. Filing the PERM Labor Certification and I-140 Petition for Alien Worker
- Complete the PERM Labor Certification: The U.S. employer must submit a Program Electronic Review Management (PERM) labor certification to the Department of Labor (DOL). This certification ensures that hiring the foreign worker will not negatively affect the wages and working conditions of U.S. employees.
- Submit Form I-140: Once the DOL approves the PERM labor certification, the employer files Form I-140, Petition for Alien Worker, with the U.S. Citizenship and Immigration Services (USCIS). This form establishes the relationship between the employer and the foreign worker (beneficiary) and demonstrates that the employer can pay the offered wage.
- Gather Supporting Documentation: The employer must submit supporting documents such as proof of the job offer, the employee’s qualifications (educational certificates, work experience), and any required licenses or credentials.
- Pay Filing Fees and Submit the Petition: The completed petition, along with supporting documents and filing fees, must be sent to the relevant USCIS service center for processing.
2. USCIS Review and Approval
- Notice of Receipt: After filing the I-140 petition, USCIS will issue a Notice of Receipt (Form I-797C), confirming that the petition has been received.
- Processing Time: USCIS will review the petition, which may take several months. If further clarification is needed, USCIS will issue a Request for Evidence (RFE). Timely responses to RFEs help avoid delays.
- Notice of Approval: If USCIS approves the petition, the employer and beneficiary will receive a Notice of Approval (Form I-797). This approval allows the beneficiary to proceed with the visa application at a U.S. Embassy or Consulate.
3. National Visa Center (NVC) Processing
- Case Number Assignment: Once USCIS forwards the approved petition to the National Visa Center, the NVC assigns a case number and prepares to send the petition to the appropriate U.S. Embassy or Consulate.
- Document Submission: The beneficiary will receive a document checklist from the NVC. It is important to gather and submit all required documents promptly to avoid processing delays.
4. Visa Interview at the U.S. Embassy or Consulate
- Schedule the Interview: The beneficiary must schedule a visa interview at the U.S. Embassy or Consulate in their country of residence.
- Complete the Medical Examination: Some embassies require beneficiaries to undergo a medical examination by an authorized physician before the interview.
- Prepare Required Documents: Applicants must bring necessary documents to the interview, including the approved I-140 petition, a valid passport, educational credentials, and proof of job offer from the U.S. employer.
- Attend the Interview: A consular officer will review the application and ask questions about the job offer, the applicant’s qualifications, and employment history. If the officer approves the visa, the EB3 Visa will be issued.
5. Entry to the U.S. and Work Authorization
- Travel to the U.S.: Upon receiving the EB3 Visa, the beneficiary can travel to the U.S. to begin working for the sponsoring employer.
- Comply with Work Authorization: The beneficiary is authorized to work only for the sponsoring employer. If they wish to change employers, the new employer must file an updated petition with USCIS.
6. Adjustment of Status or Green Card Issuance
- Adjustment of Status (for those in the U.S.): If the beneficiary is already in the U.S. under another valid status, they may apply to adjust their status to permanent residency by filing Form I-485, Application to Register Permanent Residence, or Adjust Status.
- Consular Processing (for those outside the U.S.): Beneficiaries outside the U.S. will complete consular processing at a U.S. Embassy or Consulate to receive their immigrant visa. Upon entry to the U.S., they will receive their Green Card by mail.
Timeline and Processing Times
The EB3 Visa process timeline can vary depending on the employer’s preparation, case complexity, and USCIS or NVC workload. Below is an estimated timeline for the entire process:
- PERM Labor Certification: 6-12 months
- USCIS I-140 Petition Processing: 4-6 months (longer if RFEs are issued)
- NVC Processing and Document Submission: 2-3 months
- Visa Interview and Approval: 1-2 months
- Total Time: 12-24 months (processing times may vary depending on individual cases)
By following these steps carefully and ensuring that all required documentation is complete, applicants can streamline the EB3 Visa process and increase their chances of approval. Proper preparation, timely submission of forms, and compliance with each stage’s requirements are essential to navigating this process successfully.
Common Challenges and How to Overcome Them
Applying for an EB3 Visa can be complex, as the process requires meeting specific eligibility criteria and providing comprehensive documentation. Applicants often encounter various challenges along the way. Being aware of these potential obstacles and knowing how to navigate them can significantly improve your chances of securing the visa. This section outlines the common challenges associated with the EB3 Visa process and offers practical solutions to address them effectively.
Common Issues Faced During the EB3 Visa Application Process
1. Limited Visa Availability
Challenge: Similar to other employment-based visa categories, the EB3 Visa has a cap on the number of visas issued each year, making the process competitive. Additionally, certain countries face longer waiting times due to backlogs in visa numbers.
Solution: Begin the process as early as possible to ensure you have time to gather all required documentation. If you are from a country with high demand, consider alternative visa options or explore different employment categories, if applicable. Regularly check the Visa Bulletin to monitor priority dates and stay informed of potential processing delays.
2. Labor Certification Requirements
Challenge: One of the major hurdles for EB3 Visa applicants is obtaining an approved labor certification from the Department of Labor (DOL). The labor certification ensures that no qualified U.S. workers are available to fill the position. Delays or denials at this stage are common if the employer does not follow proper procedures.
Solution: Work closely with your employer to ensure the labor certification is accurate and compliant with all regulations. The employer must demonstrate a genuine effort to recruit U.S. workers for the position. Encourage your employer to consult with an immigration attorney to avoid mistakes in the recruitment process and paperwork submission.
3. Meeting Educational and Job Skill Requirements
Challenge: The EB3 Visa category covers skilled workers, professionals, and other workers. Each subcategory has specific educational or job experience requirements. Failure to meet these requirements can result in visa denial.
Solution: Ensure that your qualifications align with the job requirements specified by the employer. If you are applying as a professional, submit copies of your degree and transcripts. If applying as a skilled or unskilled worker, include evidence of relevant work experience. Foreign degrees may need to be evaluated for U.S. equivalency, so consider obtaining a credential evaluation to strengthen your application.
4. Employer Sponsorship Issues
Challenge: Your employer plays a critical role in the EB3 Visa process, as they must sponsor your application and meet all necessary legal requirements. Delays or errors in employer compliance can lead to visa denials or processing delays.
Solution: Ensure that your employer understands their responsibilities and follows the correct procedures. The employer must file a Form I-140 petition on your behalf, provide accurate job descriptions, and submit financial documents proving their ability to pay the offered wage. Maintain open communication with your employer throughout the process to address any issues promptly.
5. Processing Delays and Visa Retrogression
Challenge: Processing times for EB3 Visa petitions can vary significantly based on factors such as country of origin, USCIS workloads, and visa retrogression. Delays can disrupt employment plans and affect travel schedules.
Solution: Regularly monitor the processing times on the USCIS and Department of State websites. Make sure your application is complete and error-free to avoid unnecessary delays. For time-sensitive applications, consider using premium processing, which expedites the review of Form I-140 petitions. Stay informed about any changes in visa retrogression, as it may affect the availability of visas.
Tips for Strengthening Your EB3 Visa Application
1. Submit Comprehensive Documentation
Include copies of all relevant diplomas, degrees, or certificates, and ensure that foreign qualifications are evaluated for U.S. equivalency if necessary. Provide letters from previous employers that verify your work experience and job skills related to the EB3 category.
2. Detailed Job Offer and Labor Certification
Provide a well-documented job offer letter from your employer, detailing the position, job duties, and salary. Ensure that your labor certification is accurate and supports the employer’s claim that no qualified U.S. workers were available for the position.
3. Professional Credentials and Supporting Letters
Submit letters of support from industry professionals or previous employers to highlight your expertise. If applicable, provide copies of any licenses, certifications, or memberships in professional organizations to further strengthen your qualifications.
Addressing Employer Sponsorship and Job Role Changes
1. Employer’s Role in the Petition Process
Your employer must play an active role in your visa petition by completing and submitting the Form I-140, along with supporting documents that demonstrate their ability to pay the offered wage. It is essential that they remain compliant with all U.S. immigration regulations throughout the process.
2. Changes in Employment Conditions
If there are changes to your employment conditions, such as job title, salary, or location, your employer must notify USCIS and possibly submit an amended petition. Ensure that any changes are properly reported to maintain visa compliance.
3. Extension or Adjustment of Status
If you need to extend your EB3 Visa or adjust your status to permanent residency, start the process well in advance of any deadlines. Ensure that your employer continues to support your application and provides updated documentation as needed. Seek legal assistance if any complexities arise during this phase.
By proactively addressing these challenges and submitting a well-prepared application, you can increase your chances of successfully obtaining an EB3 Visa. Stay organized, maintain open communication with your employer, and consult with an immigration attorney to ensure a smooth process from start to finish.
EB3 Visa in the US
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Post-Arrival Steps for EB3 Visa Holders
After arriving in the United States on an EB3 Visa, there are essential actions you must take to maintain your legal status and maximize your visa benefits. This section outlines the necessary post-arrival steps, including starting employment, complying with visa requirements, and applying for a Social Security Number (SSN). By understanding these processes, EB3 visa holders can ensure they remain in good standing and take full advantage of their opportunities in the U.S.
Employment Initiation for EB3 Visa Holders
1. Starting Employment:
Requirement: You must begin working for the employer who sponsored your EB3 visa. Switching employers requires filing a new petition and getting approval from U.S. Citizenship and Immigration Services (USCIS).
Employment Documentation: Present your employer with a copy of your EB3 approval notice (Form I-797) and your valid passport with the EB3 visa stamp.
Compliance with Work Scope: Adhere to the job duties outlined in the original petition to avoid violating visa conditions.
Applying for a Social Security Number (SSN)
2. Applying for a Social Security Number (SSN):
Visit the Social Security Office: Upon arrival in the U.S., visit your local Social Security office to apply for an SSN. This number is required for legal employment and financial activities.
Required Documents: Bring your EB3 visa, passport, Form I-94 (Arrival/Departure Record), and your employment offer letter from your sponsoring employer.
3. Benefits of an SSN:
Legal Employment: An SSN is necessary for wage payments and payroll processing.
Financial Transactions: It is required for opening bank accounts, applying for credit, and filing taxes.
Maintaining Legal Status and Compliance
4. Compliance with Visa Terms:
Authorized Stay: The EB3 visa typically allows an initial stay of up to ten years, but it varies depending on the employment type and category. Ensure your activities align with the job description to avoid visa violations.
Timely Renewal: To maintain continuous legal status, file for extensions or adjustments of status before your visa expires.
5. Travel and Reentry:
Travel Precautions: If you plan to travel outside the U.S., make sure your EB3 visa is valid for reentry. Carry essential documents, including your visa, passport, and Form I-797 approval notice.
Reapplying for Visa Stamping: If your visa expires while abroad, you must obtain a new visa at a U.S. consulate before returning to the U.S.
Applying for Extensions of Stay
6. Filing for Extension with Form I-129:
Form I-129 Filing: Your employer must submit a new petition to extend your stay beyond the initial period.
Supporting Documents: Include proof of ongoing employment, such as employment contracts or performance reviews.
Processing Time: USCIS may take several months to process extensions. Consider premium processing for expedited results.
Obtaining Dependent Visas
7. Bringing Family Members:
Eligible Dependents: Spouses and children under the age of 21 can apply for dependent visas to accompany or join you in the U.S.
Restrictions: Dependents are not allowed to work unless they obtain proper authorization but may study without additional permits.
Documentation for Dependent Visas: Submit marriage or birth certificates along with your EB3 approval notice to apply for dependent visas.
Preparing for Possible Challenges
8. Maintaining Compliance:
Visa Violations: You must remain employed with your sponsoring employer to avoid visa violations. Unauthorized work or failure to meet visa conditions can result in visa revocation.
Document Management: Keep all visa-related documents, including Form I-797 approval notices and employment agreements, updated and organized.
9. Dealing with Denials or Issues:
Request for Evidence (RFE): If USCIS issues an RFE during an extension or amendment process, respond promptly with the necessary documentation.
Legal Assistance: Consider consulting an immigration attorney if you face complex visa issues or challenges from USCIS.
Transitioning to Permanent Residency
10. Exploring Green Card Options:
Path to Permanent Residency: EB3 visa holders may be eligible for a Green Card through employment-based categories.
Consult with Your Employer: Work closely with your employer to explore sponsorship options for permanent residency.
By following these steps, EB3 visa holders can manage their stay in the U.S., maximize their career opportunities, and maintain their legal status throughout their employment.
EB3 Visa in the US
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Testimonials
Hearing from others who have successfully obtained the EB3 Visa can provide peace of mind and essential insights for prospective applicants. This section highlights real testimonials from clients who achieved their professional dreams in the U.S. with our help. These stories illustrate our unwavering commitment to top-quality service and the favorable results we deliver consistently.
Real Success Stories
Carlos and Advanced Manufacturing Inc.
Carlos, a highly skilled welder from Argentina, needed an EB3 Visa to join a U.S.-based advanced manufacturing firm.
“Oliveira Lawyers made the EB3 Visa application process straightforward. Their team guided me through gathering the necessary documents and meeting the labor certification requirements. Today, I am working in the U.S., and my family is thriving, thanks to their support!”
Maria and Healthcare Solutions Group
Maria, a registered nurse from the Philippines, sought an EB3 Visa to pursue her career in the U.S. healthcare sector.
“Navigating the EB3 Visa requirements seemed overwhelming. However, Oliveira Lawyers provided me with a clear plan and ensured that my qualifications were effectively presented. I am now working in a U.S. hospital, living my dream. I highly recommend their expertise!”
Rajesh and Tech Innovations Inc.
Rajesh, an IT professional from India, aimed to expand his career by joining a leading tech company in the U.S.
“Oliveira Lawyers supported me through every step, from preparing my labor certification application to ensuring my qualifications met the visa criteria. Their professionalism and knowledge were instrumental in securing my EB3 Visa. Today, I’m thriving in the U.S. tech industry.”
How Our Services Make a Difference
Our experienced immigration attorneys and consultants offer expert assistance throughout the entire EB3 Visa process. From the initial consultation to final approval, we meticulously handle every aspect, ensuring a seamless and successful journey.
Having supported numerous professionals — from manufacturing specialists to healthcare providers — we are proud to have a high success rate in securing EB3 Visas. Our in-depth knowledge of EB3 requirements ensures that we enhance your chances of approval while minimizing delays or challenges along the way.
Contact Us for Your EB3 Visa Needs
If you are considering applying for an EB3 Visa, we are here to help make your ambitions a reality. Contact Oliveira Lawyers today to schedule a consultation and begin your successful EB3 Visa application journey.
Why Choose Our Services for Your EB3 Visa Application?
Selecting the right immigration service provider is crucial for a smooth and successful EB3 Visa application. At Oliveira Lawyers, we offer unmatched expertise, personalized guidance, and a proven track record in handling complex visa cases. Here’s why we are the perfect partner for your EB3 Visa journey:
Expertise in EB3 Visa Applications
Specialized Knowledge:
Our experienced immigration attorneys and consultants focus on EB3 Visa cases, ensuring full compliance with current immigration policies. We understand the unique requirements of employers and foreign workers, providing legal solutions specifically tailored to each applicant’s circumstances.
Comprehensive Services:
We offer complete, end-to-end support for EB3 Visa applicants. Our services include initial eligibility assessments, employer compliance verification, document preparation, and petition submission. From the first consultation to final approval, every detail is carefully managed to optimize the success of your application.
Personalized Support for Every Client
We know that no two cases are the same. Our personalized approach ensures that your employment background, career objectives, and employer’s needs are accurately represented throughout the EB3 Visa process.
Dedicated Case Manager:
Each client works with a dedicated case manager, who acts as your main point of contact. Your case manager will provide consistent updates, answer your questions promptly, and ensure smooth communication during every stage of the visa process.
Proven Track Record
High Success Rate:
Our strong track record reflects our ability to help foreign workers secure EB3 Visas across a wide range of industries. Whether you are a healthcare professional, skilled technician, or construction worker, we have successfully assisted numerous clients in achieving their U.S. employment goals.
Transparent Pricing Structure:
We are committed to transparency in our pricing. With Oliveira Lawyers, you will never encounter hidden fees, and our competitive rates reflect the high quality of our services. You can expect exceptional value and peace of mind throughout your visa journey.
Commitment to Your Success
We emphasize proactive communication to keep you informed at every step of your EB3 Visa application. Our team ensures you stay ahead of all critical deadlines, while responding promptly to any inquiries or concerns you may have.
Post-Approval Support:
Our support continues even after your EB3 Visa is approved. We assist with renewals, extensions, and any necessary status adjustments to ensure you maintain compliance with U.S. immigration laws throughout your stay.
Choosing Oliveira Lawyers for your EB3 Visa needs means partnering with a team that is fully committed to your success. Contact us today to schedule a consultation and take the first step toward building your future in the United States. Your reliable immigration partner is just one click away.
EB3 Visa in the US
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#1 Contact us to get a free quote, or
#2 Schedule a Consultation now.
Frequently Asked Questions (FAQs) – EB3 Visa
1. What is an EB3 Visa, and how does it work?
The EB3 Visa is an employment-based immigrant visa designed for individuals seeking permanent residency in the U.S. through employment. This visa targets three categories of workers:
- Skilled workers: Positions requiring at least two years of experience or training.
- Professionals: Jobs that mandate a bachelor’s degree or its equivalent.
- Unskilled workers: Roles that need less than two years of experience or training.
To apply, the U.S. employer must first obtain labor certification from the Department of Labor (DOL) to confirm that hiring a foreign worker will not negatively impact the U.S. labor market. Once certified, the employer files a petition with U.S. Citizenship and Immigration Services (USCIS) to initiate the visa process.
2. Why should I apply for an EB3 Visa instead of other employment-based visas?
Choosing the EB3 Visa offers distinct benefits, although it may involve longer waiting periods compared to other categories. Here are some key advantages:
- Permanent Residency: The EB3 Visa provides a pathway to a Green Card, allowing individuals to live and work permanently in the U.S.
- Broad Eligibility: It offers opportunities for skilled, professional, and unskilled workers, making it accessible for a wide range of applicants.
- Family Benefits: Immediate family members, including spouses and children under 21, can also obtain permanent residency.
Despite the longer wait times, many applicants pursue the EB3 Visa due to its comprehensive benefits and accessibility.
3. What are the eligibility requirements for the EB3 Visa?
To qualify for an EB3 Visa, applicants must meet the following criteria based on their specific worker category:
- Skilled Workers: At least two years of training or experience relevant to the job.
- Professionals: A bachelor’s degree or its equivalent.
- Unskilled Workers: Less than two years of training or experience required.
Additionally, the U.S. employer must secure labor certification and offer a permanent, full-time job position. Collaborating with an immigration attorney ensures that your qualifications align with the visa requirements and that the employer fulfills all legal obligations.
4. How long does it take to get an EB3 Visa approved?
The processing time for an EB3 Visa can vary significantly due to multiple factors, including:
- Labor Certification: 6 to 9 months
- USCIS Petition Approval: 6 to 12 months
- Visa Bulletin Waiting Period: Varies based on your country and priority date
- Consular Processing (if applicable): 3 to 6 months
Applicants from countries with high demand, such as China or India, may experience longer delays. Working with your employer and legal counsel helps ensure timely submissions, avoiding unnecessary delays.
5. What documents are required for the EB3 Visa application?
A successful EB3 Visa application requires submitting the following key documents:
- Approved PERM labor certification from the DOL
- Form I-140 (Immigrant Petition for Alien Workers)
- Proof of educational qualifications (diplomas, transcripts)
- Employment offer letter from the sponsoring U.S. employer
- Evidence of previous work experience (if applicable)
- Passport copies and visa photographs
Consulting with an immigration attorney ensures that all documents are correctly compiled and submitted without omissions, reducing the risk of delays.
6. What happens if my EB3 Visa application is denied?
If the EB3 Visa application is denied, USCIS will provide a written notice explaining the reasons. Common causes for denial include:
- Incomplete documentation
- Inaccurate labor certification details
- Failure to meet the eligibility criteria
If your application is denied, you can either file a motion to reopen or reapply with a corrected petition. Legal assistance can help assess the denial, prepare a stronger case, or explore alternatives such as filing under another visa category.
7. How much does it cost to apply for an EB3 Visa?
The total cost of applying for an EB3 Visa includes the following fees:
- PERM labor certification filing fee: No cost to the applicant
- Form I-140 filing fee: $700
- Consular processing fee (if applicable): $325
- USCIS Immigrant Fee: $220
- Attorney fees: Typically between $3,000 and $5,000, depending on case complexity
Applicants should also budget for document preparation, medical examinations, and travel expenses. Careful financial planning helps ensure a smooth application process without unexpected delays.
8. Can I change employers while waiting for my EB3 Visa?
While changing employers during the EB3 Visa process is possible, it involves specific requirements:
- If the labor certification and I-140 have been approved, your new employer must file a new petition.
- The priority date from your original application may be retained, reducing waiting time for visa availability.
It is essential to work closely with an immigration attorney when switching employers to avoid complications that could jeopardize your application.
9. What are the most common mistakes when applying for an EB3 Visa, and how can I avoid them?
Some common errors applicants make during the EB3 Visa process include:
- Incorrect or incomplete documents submitted to USCIS
- Inaccurate information in the labor certification application
- Failure to maintain proper communication with the sponsoring employer
- Missed submission deadlines or failure to track visa bulletin updates
To minimize these risks, you should engage with experienced legal counsel, ensuring all documents and applications are properly filed and compliant with USCIS requirements.
10. Why should I hire an attorney to assist with the EB3 Visa process?
An immigration attorney can play a crucial role in ensuring a smooth EB3 Visa process by:
- Verifying the accuracy of forms and documentation
- Helping employers prepare compliant labor certifications
- Providing guidance on priority dates and tracking the visa bulletin
- Assisting with requests for evidence (RFEs) or other USCIS inquiries
Working with an attorney increases your chances of approval and reduces potential issues, allowing you to focus on transitioning to a new life and career in the U.S.
By carefully following these guidelines, both applicants and employers can successfully navigate the EB3 Visa process and achieve their goal of U.S. permanent residency.
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