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Many visa programs are only eligible for foreign nationals with advanced degrees or extraordinary abilities. However, the U.S. Citizenship and Immigration Services (USCIS) offers an EB-3 visa that allows employers to file applications for foreign workers who do not meet the qualifications for other employment-based visas.
The EB-3 Visa is also an employment-based visa that provides a pathway for qualified skilled and unskilled workers to come to the U.S. and eventually obtain permanent residency.
Nevertheless, even though the EB-3 visa is a viable option for many foreign nationals who wish to work and live permanently in the U.S., these types of visas can be challenging to obtain without the help of an employment-based immigration attorney.
Element Law Firm, PC of Southern California, has extensive experience helping employers obtain EB-3 visas for qualified foreign workers. If you want more information about EB-3 immigrant visas, contact our law offices and ask to schedule a complimentary 15-minute call with our experienced EB-3 visa lawyer, who can answer your questions and determine your legal options.
Who is Eligible for an EB-3 Visa?
An EB-3, a third preference immigration petition, is available to skilled and unskilled workers who meet USCIS guidelines.
Professional Workers
The EB-3 visa may be granted to professional workers with a baccalaureate degree (BA) or foreign equivalent degree. However, any professional worker who wishes to secure an EB-3 must demonstrate that a BA degree is the standard requirement for the job prospect. Examples of professional workers may include teachers, engineers, or lawyers.
Skilled Workers
The USCIS considers skilled workers who fill job roles requiring a license, certification, or a post-secondary degree demonstrating a certain ability level in that given field. Skilled workers cover a wide range of individuals and often work in the computer and technology industry, as well as chefs or fashion designers.
Unskilled Workers
The immigration office considers unskilled workers those who do not meet the qualifications of professional or skilled workers. Some common examples of unskilled workers who fall under the EB-3 visa category include farm workers, nurse’s aides, nannies, janitors, and other workers who meet the eligibility requirements.
If you need clarification regarding EB-3 visa immigrant petitions, you must speak with a knowledgeable attorney who can answer your questions. Contact our EB-3 visa law office to schedule a consultation to learn more.
What is the Application Process to Try and Obtain an EB-3 Visa?
For an individual to obtain an EB-3 visa, their prospective employer must file a Labor Certification with the U.S. Department of Labor, attesting that they have attempted to find U.S. workers to fill the positions they seek without success. The Labor Certification also indicates the applicant’s training or education level.
If the Department of Labor approves the Labor Certification, the employer submits the immigrant visa petition to the USCIS. This begins what is commonly referred to as the Program Electronic Review Management (PERM) process. The PERM labor certification process is a series of steps the government uses to ensure that if employers hire foreign workers, it will not negatively impact the U.S. economy.
During the PERM labor certification process, applicants may be required to wait for an immigrant visa number to become current before they can apply for immigrant visas or an adjustment of status if they already live in the U.S.
Only 40,000 EB-3 visas are offered to qualified workers each year, making them challenging to obtain. However, for those who perform unskilled labor, there are only 10,000 available visas each year, so it is often necessary to wait until new visas are offered.
For more information about the labor certification application process, contact our Southern California immigration law firm to learn how we can assist you with filing an EB-2 immigrant petition.
What are the Advantages of Having an EB-3 Visa?
The EB-3 visa has many significant advantages for foreign workers and their families. One of the most well-known benefits is that EB-3 visa holders may establish permanent residency in the U.S. As a result, EB-3 visa holders are granted the right to live and work in the U.S. without obtaining an Employment Authorization Document (EAD).
Additionally, individuals with this type of employment-based visa are considered permanent residents. They may enjoy the same rights as any U.S. citizen, such as moving freely about the country and protection under all state and local laws.
Other benefits of an EB-3 visa include:
- Individuals already in the country waiting for a green card may receive permanent residency when granted EB-3 visas.
- Spouses and unmarried children may accompany EB-3 visa holders and be eligible for permanent resident status.
- Spouses and children of skilled workers may qualify for E-34 and E-35 visas.
- Spouses and children of unskilled workers may qualify for EW-4 and E-35 visas.
If you are interested in learning more about the benefits of an EB-3 visa and how it can help you or your family members, contact Element Law Firm, PC, to schedule a meeting with our skilled immigration attorney who can provide you with more information.
Can Your EB-3 Visa Lawyer Help Obtain Favorable Results for My Immigration Matter?
The Element Law Firm, PC, has extensive experience helping employers obtain EB-3 work visas. Because we focus a great deal of our time and resources on helping clients with legal immigration matters, we know what it takes to get the job done for clients.
It is important to remember that one of the most essential aspects of obtaining any work visa requires employers to submit a great deal of documentation. Our law office can assist you with gathering the necessary legal documents and filling out the visa application.
Work visa applications are often denied because they are incomplete or filled out incorrectly. If you are an alien worker or employer interested in obtaining an EB-3 work visa, contact the Element Law Firm, PC, of Southern California, at and ask to schedule an initial consultation to discuss your immigration needs.