Our firm regularly prepares and submits EB-3 immigrant visa petitions on behalf of well-qualified clients. USCIS does not automatically approve these petitions, so the proper preparation of all relevant information and supporting evidence is crucial.
An EB-3 immigrant visa is an employment-based, third-preference petition. In most cases, the petition is submitted with an approved Application for Permanent Employment Certification from the U.S. Department of Labor, commonly known as ETA Form 9089.
An EB-3 immigrant visa allows the holder to permanently work and reside in the United States. This is also known as an employment-based immigrant visa or employment-based green card.
The government refers to the EB-3 as one of the five employment-based immigrant visa preference categories.
There are three subcategories for the EB-3 immigrant visa: 1) Skilled Workers; 2) Professionals; and 3) Unskilled or Other Workers. If you meet the criteria for one of these three subcategories, you may qualify for the EB-3 immigrant visa.
Labor certification and a permanent, full-time job offer are generally required in all three EB-3 subcategories.
The U.S. government makes approximately 140,000 employment-based immigrant visas available each fiscal year across employment-based preference categories.
To qualify as a skilled worker, you must generally provide proof that you have at least 2 years of job experience, education, or training that meets the job requirements listed on the labor certification.
Relevant post-secondary education may be considered in place of training if it directly relates to the position.
You must also show that qualified workers are not available in the United States for the offered position.
To qualify as a professional, you must generally provide proof that you have a U.S. bachelor’s degree or a foreign equivalent degree. The degree must be a normal requirement for the specific job.
You must also show that qualified workers are not available in the United States for the offered position.
Education and experience generally may not be substituted for the required bachelor’s degree in the EB-3 professional category.
You must also meet all other requirements listed on the labor certification.
To qualify as an unskilled or other worker, you must prove that you have the ability to perform unskilled labor. Unskilled labor generally requires less than 2 years of training or experience.
The work cannot be temporary or seasonal in nature.
You must also show that qualified workers are not available in the United States for the offered position.
You must meet all other requirements listed on the labor certification.
Yes. To qualify for an EB-3 visa, you must generally have a permanent, full-time job offer from a U.S. employer.
Your employer must file Form I-140, Petition for Alien Worker, on your behalf. As part of the application process, your employer must also demonstrate a continuing ability to pay the offered wage as of the priority date.
If you obtain an EB-3 immigrant visa, your spouse and unmarried children under the age of 21 may also be eligible to apply for admission to the United States.
E34 is generally for the spouse of a skilled worker or professional. EW4 is generally for the spouse of an other worker. E35 is generally for the child of a skilled worker or professional, and EW5 is generally for the child of an other worker.
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Serrano Immigration Law is a small firm providing experienced immigration advice and dedicated legal support to clients. As global business immigration lawyers, the firm represents employers, businesses, academics, scientists, artists, athletes, professionals, and workers seeking immigrant visas.
The firm assists clients with employment-based immigration matters, including EB-1 visas, L visas, EB-2 petitions, EB-3 petitions, and business-related immigration options. We closely monitor changes in U.S. immigration law and policy and provide helpful updates for clients and website visitors.
Our immigration law firm provides representation for companies abroad and in the United States seeking immigrant visas. If you are a foreign investor, employer, or business owner, we can assist with employment visa matters and related immigration requests.
We can also help ensure that the appropriate applications are submitted through USCIS, a U.S. consulate, or a U.S. embassy when required. Contact us if you need legal advice about transferring valuable employees to the United States or sponsoring foreign workers for permanent employment.
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