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EB-3 Visa: Employment-Based Immigration for Skilled Workers, Professionals, and Other Workers

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Welcome to Oliveira Lawyers, your trusted partner for U.S. immigration services. If you are a skilled worker, professional, or an unskilled worker (other worker) looking to establish yourself in the U.S., the EB-3 Visa might be the right path for you. Our experienced legal team specializes in EB-3 Visa services, ensuring a smooth application process to help you achieve your U.S. immigration goals.

EB-3 Visa in the US
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What is the EB-3 Visa?

What is an EB-3 Visa document with a U.S. passport and Statue of Liberty illustration.

The EB-3 Visa is an employment-based immigration option for skilled workers, professionals, and unskilled workers seeking permanent residency in the United States. This visa provides an opportunity for individuals to contribute to the U.S. economy and workforce in various fields, such as healthcare, engineering, and other skilled trades. With the EB-3 Visa, eligible applicants can obtain a Green Card, allowing them to live and work in the U.S. permanently.

Definition and Purpose of the EB-3 Visa

The EB-3 Visa is designed to attract workers who can fill positions where there is a shortage of qualified U.S. workers. It allows U.S. employers to recruit skilled and unskilled foreign workers, ensuring that key industries and sectors can maintain operational efficiency and growth. This visa category contributes to the development of the U.S. economy by enabling businesses to access a broader talent pool for roles that require specific qualifications or experience.

Eligibility Criteria for the EB-3 Visa Petitioner and Beneficiary

To qualify for the EB-3 Visa, applicants must meet certain eligibility criteria based on their education, skills, and employment offer from a U.S. employer. The main requirements are categorized as follows:

1. Skilled Workers

  • Requirement: Applicants must have at least two years of job experience or training.
  • Job Offer: The job must not be temporary or seasonal, and the position must require skilled labor that cannot be filled by qualified U.S. workers.
  • Labor Certification: Employers must obtain a Permanent Labor Certification (PERM) from the U.S. Department of Labor to prove that no U.S. workers are available for the job.

2. Professionals

  • Requirement: Applicants must hold a U.S. bachelor’s degree or its foreign equivalent.
  • Job Offer: The offered position must require a bachelor’s degree as a minimum requirement.
  • Labor Certification: Employers must show proof that no qualified U.S. workers are available for the role.

3. Unskilled Workers (Other Workers)

  • Requirement: Applicants must be capable of performing unskilled labor that requires less than two years of training or experience.
  • Job Offer: The position cannot be temporary or seasonal and must require labor that is difficult to fill with U.S. workers.
  • Labor Certification: Employers must secure a PERM certification demonstrating the unavailability of U.S. workers for the position.

Importance of Demonstrating Professional Skills and Experience

A key aspect of the EB-3 Visa process is proving that the applicant possesses the required skills, education, or work experience. This visa category targets professionals, skilled workers, and unskilled workers with qualifications to fill labor shortages in the U.S. Applicants must demonstrate their ability to perform job duties as described in the employment offer. Supporting documentation should include:

  • Educational Credentials: Diplomas, transcripts, or certifications that verify the applicant’s education level.
  • Employment Verification: Letters from previous employers confirming job duties, tenure, and specific skills used.
  • Licenses and Certifications: Proof of any required licensure to work in the applicant’s industry.

Evidence of Professional Skills or Experience

Providing robust evidence of professional qualifications significantly strengthens the EB-3 Visa application. Relevant documentation can include:

  • Degree Certificates: Diplomas or certificates proving the applicant’s education level matches the job requirements.
  • Job Offer Letter: A detailed employment offer outlining job responsibilities, salary, and terms of employment.
  • Work Experience: Letters of recommendation highlighting contributions and skills from past employment positions.

Compliance with EB-3 Visa Requirements

Meeting the specific requirements for the EB-3 Visa is critical for approval. Applicants must provide accurate and thorough documentation, such as:

  • Labor Certification: Evidence that the employer has satisfied the Department of Labor’s requirements for hiring foreign workers.
  • Statement of Intent: A letter from the applicant or employer affirming the intent to work and contribute to the U.S. economy.

Supporting Evidence for the EB-3 Visa Application

Comprehensive documentation boosts the credibility of an EB-3 Visa application. Supporting materials may include:

  • Letters of Recommendation: From professionals familiar with the applicant’s work experience and contributions.
  • Professional Memberships: Demonstrating the applicant’s engagement in relevant industry organizations.

Presenting the appropriate documentation increases the likelihood of securing an EB-3 Visa and joining the U.S. workforce.

EB-3 Visa in the US
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Benefits of the EB-3 Visa

EB-3 Visa work authorization and medical requirements documentation.

The EB-3 Visa is an employment-based immigration category designed for skilled workers, professionals, and unskilled workers who wish to live and work in the United States. This visa provides an accessible pathway to obtaining permanent residency and eventually, U.S. citizenship. It is a popular option for many individuals and employers seeking to fill labor shortages and bring talent to the U.S.

Rights and Privileges of EB-3 Visa Holders

The EB-3 Visa provides numerous benefits to both the visa holder and their family members:

  • Employment Authorization: EB-3 Visa holders can work in the U.S. in positions related to their skills and qualifications.
  • Permanent Residency: EB-3 Visa holders have a direct pathway to obtaining a Green Card and can eventually apply for U.S. citizenship.
  • Family Inclusion: Spouses and unmarried children under 21 years old can obtain derivative visas, allowing them to live, work, and study in the U.S.
  • Broad Eligibility: The EB-3 Visa is available to skilled workers with at least 2 years of experience, professionals holding a bachelor’s degree, and unskilled workers filling positions where U.S. workers are unavailable.

Pathway to Permanent Residency (Green Card) for EB-3 Visa Holders

The EB-3 Visa offers a straightforward route to permanent residency in the United States. Below are the primary pathways:

  1. Employment-Based Green Card: Requires a job offer and an approved labor certification (PERM) from the U.S. Department of Labor.
  2. Adjustment of Status: Applicants already in the U.S. on a non-immigrant visa can adjust their status to permanent residency without leaving the country.
  3. Consular Processing: Individuals outside the U.S. can apply for a Green Card at a U.S. Embassy or Consulate in their home country.

Work Authorization for EB-3 Visa Holders

Understanding work rights under the EB-3 Visa is essential for applicants and their employers:

  • Employment in Designated Position: EB-3 Visa holders can work only in positions that match their job offer and qualifications.
  • Spouse Work Authorization: Spouses of EB-3 Visa holders (with a derivative E34 or EW4 visa) can apply for an Employment Authorization Document (EAD) to work in the U.S.

EB-3 Visa Requirements

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The EB-3 Visa has specific eligibility criteria depending on the category:

  • Skilled Workers: Applicants must have at least two years of job experience, training, or education in the desired position.
  • Professionals: Applicants must possess a U.S. bachelor’s degree or a foreign equivalent that is required for entry into the profession.
  • Unskilled Workers: Applicants must be capable of performing unskilled labor that is not temporary or seasonal in nature, with no specific educational or experience requirements.

Necessary Documentation for the EB-3 Visa Application

Submitting complete and accurate documentation is essential for the EB-3 Visa application process:

  • Form I-140: Immigrant Petition for Alien Workers filed by the employer.
  • Labor Certification (PERM): Approved labor certification from the U.S. Department of Labor.
  • Proof of Qualifications: Educational transcripts, certificates, and letters verifying work experience.
  • Job Offer: Employer’s offer letter outlining the job description, salary, and terms of employment.

Medical Examination and Background Checks

Standard procedures for obtaining the EB-3 Visa include:

  • Medical Examination: Performed by a USCIS-approved physician to ensure the applicant meets health standards.
  • Security Clearances: U.S. authorities conduct background checks to verify eligibility and security clearances.

Staying informed and prepared with all necessary documentation and requirements ensures a smoother EB-3 Visa application process. By following these guidelines, applicants can effectively navigate the process and achieve their goal of living and working in the United States.

EB-3 Visa in the US
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EB-3 Visa: Application Process

Checklist for EB-3 Visa application requirements.

The EB-3 Visa is a U.S. employment-based permanent residency category, designed for skilled workers, professionals, and other workers. This guide outlines the EB-3 Visa application process, ensuring a clear understanding of each step required for a successful application.

Step-by-Step Guide to the EB-3 Visa Application Process

1. Determine Your Eligibility

  • Skilled Workers: You must have at least two years of job experience, training, or education that is not of a temporary or seasonal nature.
  • Professionals: You must hold a U.S. baccalaureate degree or a foreign equivalent, with proof that the degree is required for the position.
  • Other Workers: You may qualify if you can perform unskilled labor that requires less than two years of training or experience. However, this should not be temporary or seasonal.

2. Labor Certification (PERM Process)

  • Employer Sponsorship: Your U.S. employer must file a labor certification (Form ETA-9089) on your behalf with the U.S. Department of Labor (DOL). This ensures there are no qualified U.S. workers available for the position.
  • Prevailing Wage Requirement: The employer must offer a wage that meets or exceeds the prevailing wage set by the DOL.
  • Recruitment Process: Your employer must document efforts to recruit U.S. workers, including advertisements in reputable sources.

3. File Form I-140, Immigrant Petition for Alien Worker

  • Employer’s Responsibility: Once the labor certification is approved, your employer must file Form I-140 with the U.S. Citizenship and Immigration Services (USCIS).
  • Supporting Documentation: The petition must include evidence of your qualifications, such as degrees, certifications, and proof of work experience.

4. Adjustment of Status or Consular Processing

  • Adjustment of Status (Form I-485): If you are already in the U.S. on a nonimmigrant visa, you can apply for an adjustment of status to become a lawful permanent resident.
  • Consular Processing: If you are outside the U.S., you will need to apply for an immigrant visa at a U.S. consulate in your home country.

5. Interview and Final Steps

  • Interview Requirement: You may be required to attend an interview at a USCIS office or U.S. consulate to verify the details of your application.
  • Green Card Issuance: Once your application is approved, you will receive your green card, allowing you to live and work permanently in the U.S.

Timeline and Processing Times for EB-3 Visa

The processing times for the EB-3 Visa can vary depending on individual circumstances and country of origin. Here’s a general overview:

  • Labor Certification (PERM) Processing: 8-10 months
  • I-140 Petition Processing: 6-8 months
  • Adjustment of Status or Consular Processing: 6-12 months
  • Total Time: 20-30 months (may vary based on individual case factors and current USCIS processing times)

Common Challenges and How to Overcome Them

Illustration of steps to obtain EB-3 Visa support.

Applying for an EB-3 Visa can be complex due to specific legal and procedural requirements. Understanding potential challenges will help you prepare better and avoid common pitfalls. This section outlines typical challenges and practical solutions to address them effectively.

Typical Issues Faced During the EB-3 Visa Application Process

1. Meeting Educational and Experience Requirements

  • Challenge: Ensuring that your qualifications meet the minimum requirements for skilled workers or professionals can be challenging.
  • Solution: Provide clear and comprehensive documentation of your academic qualifications and professional experience. Include recommendation letters to support your application.

2. Labor Certification (PERM) Approval

  • Challenge: The PERM process can be complex and requires the employer to demonstrate that no qualified U.S. workers are available for the position.
  • Solution: Work closely with your employer and an experienced immigration attorney to ensure compliance with all DOL requirements. Maintain a record of recruitment efforts and document the absence of qualified U.S. applicants.

3. Priority Date Backlogs

  • Challenge: Applicants from certain countries (e.g., India, China) may experience long wait times due to visa backlogs, leading to delayed processing.
  • Solution: Regularly check the Visa Bulletin for current priority dates. Consider alternative immigration options, such as the EB-2 Visa, if you qualify.

4. Document Accuracy and Consistency

  • Challenge: Errors or inconsistencies in documentation can lead to Requests for Evidence (RFEs) or denial.
  • Solution: Double-check all forms and supporting documents for accuracy and consistency. Keep copies of all submissions and respond promptly to any USCIS requests.

5. Employer Compliance

  • Challenge: The sponsoring employer must adhere to strict legal guidelines throughout the process. Non-compliance can jeopardize the petition.
  • Solution: Ensure your employer is aware of all compliance obligations. An immigration attorney can review employer documentation to prevent issues.

Tips for Strengthening Your EB-3 Visa Application

  • Educational Documentation: Submit copies of diplomas, transcripts, and professional certifications. Include detailed resumes highlighting experience and achievements.
  • Letters of Recommendation: Obtain letters from supervisors, professors, or industry experts that verify your qualifications and accomplishments.
  • Proof of Work Experience: Provide comprehensive documentation of your previous employment, including offer letters, performance reviews, and reference letters.

Addressing Financial and Employment Requirements

  • Employer’s Financial Stability: Ensure your sponsoring employer provides proof of financial stability, such as recent tax returns, profit and loss statements, and business licenses.
  • Job Offer Compliance: The job offer must align with the labor certification and reflect the duties and salary outlined. Any discrepancies may lead to delays.
  • Filing Fees and Expenses: Be aware of all associated filing fees. Typically, the employer covers the PERM and I-140 filing fees, while you might be responsible for adjustment of status or consular processing fees.

By understanding these common challenges and preparing your application meticulously, you can improve your chances of a successful EB-3 Visa approval.

EB-3 Visa in the US
How To Get Started

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#1  Contact us to get a free quote, or
#2 Schedule a Consultation now.

Post-Arrival Steps for EB-3 Visa Holders

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Once approved for an EB-3 Visa and arriving in the United States, there are important actions to take to ensure compliance and maintain status. This section highlights essential post-arrival steps, including registering for a Social Security Number (SSN), confirming employment eligibility, and preparing for potential adjustment of status or permanent residency. Following these guidelines will help EB-3 Visa holders build a secure and successful life in the U.S.

1. Registering for a Social Security Number (SSN)

Why It’s Important: An SSN is necessary for legal employment, filing taxes, and accessing various government benefits.

Steps to Apply:

  • Visit a Local Social Security Office: Bring your EB-3 Visa, passport, and proof of employment.
  • Submit the Required Documentation: This includes the visa approval notice, identification documents, and any employment offer letter.
  • Receive the SSN: Expect to receive your Social Security card within two to four weeks of applying.

2. Employment Authorization for EB-3 Visa Holders

Eligibility to Work: Most EB-3 Visa holders are eligible to work immediately upon entry. Ensure you understand your employment classification and any specific employer sponsorship requirements.

Steps to Confirm Employment Authorization:

3. Establishing Residency and Adjustment of Status (AOS)

Filing Form I-485: This form is needed for EB-3 Visa holders seeking to adjust their status to permanent residency.

  • Required Documentation: Include your employment offer letter, visa approval notice, medical examination results, and proof of residence.
  • Filing Fee: Be prepared to pay the appropriate filing fee. Fees vary depending on individual circumstances. 

Biometrics Appointment:

  • Scheduling: After submitting Form I-485, USCIS will schedule a biometrics appointment.
  • Purpose: Biometrics are used to verify your identity and conduct necessary background checks.

Adjustment of Status Interview:

  • Preparation: Review your application and bring all original documents.
  • Interview Process: An officer will ask questions about your employment and intent to reside permanently in the U.S.

4. Maintaining Compliance and Legal Status

  • Adherence to Visa Terms: Ensure you comply with all visa terms, including maintaining employment with your sponsoring employer.
  • Timely Applications: Submit applications for extensions or adjustments well before your current permissions expire to avoid status issues.
  • Permanent Residency Compliance: If granted, adhere to the Green Card conditions, such as residing in the U.S. and continuing to work for your sponsoring employer.

By adhering to these post-arrival steps, EB-3 Visa holders can effectively transition into the U.S. workforce and successfully integrate into American society.

EB-3 Visa in the US
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Testimonials

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At Oliveira Lawyers, we understand that navigating the EB-3 Visa process can be challenging and complex. Our team is dedicated to delivering exceptional immigration services to skilled workers, professionals, and other qualified individuals looking to build their careers in the United States. Hearing from our clients who have successfully obtained EB-3 Visas can provide the reassurance and insight you need to achieve your immigration goals. Below are real testimonials from individuals who have established their careers in the U.S. with our legal guidance.

Real Success Stories

Carlos and Advanced Manufacturing Inc.

Carlos, a highly skilled welder from Argentina, needed an EB-3 Visa to join a U.S.-based advanced manufacturing firm.

“Oliveira Lawyers made the EB-3 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 EB-3 Visa to pursue her career in the U.S. healthcare sector.

“Navigating the EB-3 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 EB-3 Visa. Today, I’m thriving in the U.S. tech industry.”

How Our Services Make a Difference

At Oliveira Lawyers, we provide personalized immigration solutions tailored to meet the specific requirements of the EB-3 Visa program. Our goal is to present your qualifications effectively to U.S. immigration authorities and assist you in achieving a successful visa approval.

Here’s how we make a difference:

  • Personalized Legal Strategy: We evaluate your unique professional background and develop a customized strategy that highlights your eligibility for the EB-3 Visa.
  • Expert Guidance: Our experienced attorneys have extensive knowledge of EB-3 Visa requirements and offer guidance through the labor certification process.
  • Comprehensive Document Assistance: We assist in gathering and organizing necessary documents to support your petition, ensuring nothing is overlooked.
  • Proven Track Record: We have a high success rate in securing EB-3 Visas, reflecting our commitment to helping professionals advance their careers in the U.S.

Contact Us for Your EB-3 Visa Needs

Are you considering expanding your professional career in the United States under the EB-3 Visa program? Let us guide you through the complex application process. We make immigration straightforward to ensure you meet all requirements effectively.

[email protected]

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#2 Schedule a Consultation now.

Why Choose Our Services for Your EB-3 Visa Application?

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Choosing the right legal partner for your EB-3 Visa application is crucial. At Oliveira Lawyers, we deliver exceptional expertise, personalized support, and a history of successful cases. Here’s why you should trust us with your EB-3 Visa journey:

Expertise in EB-3 Visa Applications

  • Specialized Knowledge: Our immigration attorneys focus on EB-3 Visa applications, designed for skilled workers, professionals, and other qualified workers seeking to work in the United States. We stay updated on the latest immigration regulations and procedures, ensuring your application is accurate and timely.

  • Comprehensive Services: We manage every step of the EB-3 Visa process, from determining your eligibility to compiling the required documentation. Our team ensures full compliance with all U.S. immigration laws, helping you avoid delays and maximize your chances of approval.

  • Labor Certification Assistance: The EB-3 Visa often requires a labor certification from the U.S. Department of Labor. We assist in navigating this crucial step, ensuring your petition meets all requirements.

Personalized Support

  • Tailored Legal Guidance: We take the time to understand your specific career path and long-term professional goals. Our team provides customized strategies to highlight your skills and qualifications effectively.

  • Dedicated Case Manager: You’ll have a dedicated case manager who guides you through each stage of the EB-3 Visa process. They ensure your documents are complete, submitted on time, and meet U.S. Citizenship and Immigration Services (USCIS) requirements. They also offer continuous updates and address any questions or concerns.

Proven Track Record

  • High Approval Rates: Our firm has a strong record of success in securing EB-3 Visas for professionals across industries like healthcare, technology, and construction. Our understanding of each industry’s nuances has helped us achieve consistent approvals.

  • Transparent Pricing Structure: We offer competitive pricing with no hidden fees. Clients receive high-quality services at a fair price, ensuring the best value for their investment. From the start of your EB-3 Visa journey, you’ll know exactly what to expect.

Commitment to Your Success

  • Proactive Communication: We provide timely updates throughout every phase of the process. If USCIS or the Department of Labor requests additional documentation or evidence, we respond quickly to keep your application on track.

  • Post-Approval Support: Even after your EB-3 Visa is approved, we remain committed to your success. We provide guidance on visa renewals, permanent residency, or transitioning to other visa categories.

Partnering with Oliveira Lawyers for your EB-3 Visa means working with a team dedicated to your success from start to finish. Contact us today to schedule a consultation and begin your journey toward living and working in the United States.

EB-3 Visa in the US
How To Get Started

[email protected]

#1  Contact us to get a free quote, or
#2 Schedule a Consultation now.

 

Frequently Asked Questions (FAQs) – EB-3 Visa

FAQ sign for EB-3 Visa application process.

1. What is an EB-3 Visa and how does it work?

The EB-3 Visa is an employment-based, immigrant visa designed for skilled workers, professionals, and other workers. It provides a pathway to permanent residency in the U.S. Applicants must have a valid job offer and undergo the labor certification process through the U.S. Department of Labor. This ensures that hiring a foreign worker does not negatively impact the employment of U.S. workers.

2. Why should I choose the EB-3 Visa over other employment-based visas?

The EB-3 Visa is ideal if you do not qualify for EB-2 Visa requirements or if you do not hold an advanced degree. It caters to a broader range of professionals and skilled workers, including those with at least two years of work experience and no advanced educational background. The EB-3 category also includes unskilled workers, providing opportunities for various skill levels.

3. What are the eligibility requirements for the EB-3 Visa?

To qualify for the EB-3 Visa, you must meet one of the following requirements:

  • Skilled Workers: At least two years of job experience, training, or education.
  • Professionals: A bachelor’s degree or its foreign equivalent.
  • Other Workers: Perform unskilled labor that is not temporary or seasonal and requires less than two years of training or experience.

Each category requires a valid job offer and a completed labor certification.

4. How long does it take to get an EB-3 Visa approved?

Processing times vary based on priority dates and the specific EB-3 subcategory. On average, the process can take 12 to 24 months. This includes the labor certification stage, which alone may take several months to complete.

5. What documents are required for the EB-3 Visa application?

Key documents include:

  • Form I-140: Immigrant Petition for Alien Worker.
  • Proof of Education and Work Experience: Degree certificates or work experience letters.
  • Labor Certification Approval: Obtained through the U.S. Department of Labor.
  • Employer’s Financial Stability Documents: To confirm the ability to pay the offered wage.

Accurate documentation is critical to a successful petition.

6. What happens if the EB-3 Visa is denied?

If your EB-3 Visa is denied, the USCIS will outline the reasons for the refusal. Common causes include:

  • Insufficient evidence of qualifications.
  • Incomplete documentation.
  • Employer’s failure to meet wage requirements.

You can appeal the decision or file a motion to reopen or reconsider the case if you address the identified issues. Working with an experienced attorney can increase your chances of approval.

7. How much does it cost to apply for an EB-3 Visa?

Application costs typically include:

  • Form I-140 Filing Fee: $700.
  • Labor Certification Costs: Varies by case and state regulations.
  • Legal Fees: Depending on the case complexity.

If you require premium processing, an additional fee of $2,500 applies. Consult the Oliveira Lawyers for the latest costs.

8. Can my spouse and children join me in the U.S. with an EB-3 Visa?

Yes, your spouse and unmarried children under 21 can join you under dependent visas. Your spouse can apply for an Employment Authorization Document (EAD) to work in the U.S. Your children can attend school but cannot work until they adjust their status.

9. What are the most common mistakes when applying for an EB-3 Visa, and how can I avoid them?

Common mistakes include:

  • Inadequate or inaccurate documentation of educational qualifications or work experience.
  • Miscommunication between the employer and employee regarding job requirements and wages.
  • Incomplete or poorly organized submissions.

To avoid these issues:

  • Provide detailed and well-organized documentation.
  • Communicate regularly with your employer regarding job expectations and requirements.
  • Consult an experienced immigration attorney to review your application.

10. Why should I hire an attorney to help with the EB-3 Visa process?

Hiring an experienced immigration attorney can:

  • Help you navigate the complex legal requirements and documentation needed for the EB-3 Visa.
  • Improve your chances of approval by avoiding common errors.
  • Assist with extensions, adjustments, or transitioning to other visa categories.

An attorney’s expertise like Oliveira Lawyers can be invaluable in simplifying the application process and maximizing your chances of a successful outcome. 

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