EB-3 Visa Lawyer
The EB-3 visa allows certain foreign-born individuals to apply for permanent residency in the United States based on their employment. While EB-3 visas are commonly used to fill jobs in this country, not everyone qualifies for this option.
Learn the eligibility requirements for this employment-based visa, what to expect from the process, and the benefits of working with an EB-3 visa lawyer. Martinez Immigration helps clients navigate this complex yet rewarding path to a green card.
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What Is an EB3 Visa?
In the U.S. there are types of sponsorship that allow immigrants to live and work here legally: family-based sponsorship and employment-based sponsorship.
There are multiple categories of employment-based visas that give preference to different kinds of workers and professions.
The EB-3, specifically, is intended for three types of applicants:
- Foreign skilled workers with at least two years of training and/or experience in their field
- Foreign professionals with a bachelor’s degree (or the foreign equivalent) related to their profession
- Unskilled foreign workers who are performing unskilled work which is not temporary or seasonal in nature
If you are unsure whether you or the foreign national worker you want to sponsor qualifies under these preferences, contact Martinez Immigration for guidance.
EB-3 Visa Requirements: Labor Certification & Job Offer
Although the job requirements vary slightly for each category under the EB-3, all qualifying workers have some things in common.
First, they must have labor certification. To obtain this, the employer submits an application for labor certification with the U.S. Department of Labor (DOL).
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If the DOL determines that hiring foreign workers will not adversely impact U.S. workers, they give the “green light” for the employer to then submit an immigration petition with U.S. Citizenship and Immigration Services (USCIS.)
Foreign nationals pursuing an EB-3 visa also have to have a full-time job offer to apply. Some professions like nursing and other healthcare roles are experiencing widespread staffing shortages. For this reason, the DOL places them on a list called “Schedule A,” which expedites the process and allows them to start working in the U.S. more quickly than other workers.
The EB3 Visa Process Explained
EB3 visas are not self-sponsored. That means the employer (or petitioner) initiates the process.
To obtain permanent labor certification from the DOL, the employer submits job postings, advertisements, etc., that confirm the job was available, but no one qualified applied. This step in the process takes approximately 120-180 days to complete.
Once the DOL grants permanent labor certification, the employer submits Form I-140, Immigrant Petition for Alien Workers. Now, the employer must confirm their ability to pay the wage offered to the foreign worker. They can do this using income tax returns, annual reports, and audits to verify their financials. When Form I-140 is submitted, the employer receives a priority date.
If the employer’s application is approved, they will wait until a visa becomes available, as the number of EB3 visas issued annually is limited. Once the priority date is current, the foreign-born worker can proceed with applying for a Permanent Resident Card, also known as a green card.
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Immigration Lawyers and the EB-3 Visa Process
Martinez Immigration founder and licensed immigration lawyer Kathleen Martinez believes in empowering foreign workers and sees firsthand all they contribute to the U.S. workforce. That is why she is committed to making the EB-3 process as smooth and efficient as possible for employers and workers.
She reviews every case to determine the best path to a green card, and when possible, takes steps to prioritize your application and expedite that journey. Based in Texas, Martinez Immigration assists clients throughout the state and nationwide. Call or contact the firm online to speak with us today.
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