EB-3 Immigrant Visa | Skilled | Unskilled Workers

Permanent Residency Through Employment

Our firm regularly prepares and submits applications for an EB-3 immigrant visa on behalf of our well-qualified clients. The USCIS does not automatically grant these petitions so the proper preparation of all the relevant information is crucial.

An EB-3 immigrant visa is an employment-based, third-preference petition. Generally, the petition is submitted with an approved Application for Permanent Employment Certification from the Department of Labor (Form 9089).

Should I Pursue an EB-3 Visa?

An EB-3 immigrant visa entitles the holder to permanently work and reside in the United States. This is also known as an employment based immigrant visa.

The government refers to the EB-3 as one of the five employment-based immigrant visa preferences or categories.

There are three sub-categories for the EB-3 immigrant visa: 1) Skilled Workers; 2) Professionals; and 3) Unskilled or Other Workers. If you meet the criteria for any one of these three subcategories, then you may qualify for the EB-3 immigrant visa.

Labor certification and a permanent, full-time job offer is required in all three sub-categories.

The government issues approximately 140,000 total immigrant visas each year.

Skilled Workers

Proof that you have at least 2 years of job experience, education, or training that meets the job requirements specified on the labor certification

Relevant post-secondary education may be considered in lieu of training

Proof that qualified workers are not available in the United States

Professionals

Proof that you have a U.S. baccalaureate or foreign equivalent degree, and that it is a general specific job requirement

Proof that qualified workers are not available in the United States

You may not substitute education and experience for an advanced degree

All other requirements specified on the labor certification

Unskilled or Other Workers

Prove the ability to perform unskilled labor. Unskilled labor requires less than two years of training or experience

Work cannot be of a temporary or seasonal nature

Proof that qualified workers are not available in the United States

All other requirements specified on the labor certification

Do I need an offer of employment for an EB-3 Visa?

Yes. In order to qualify for an EB-3 visa, your employer must file a Form I-140, Petition for Alien Worker. As part of the application process, your employer must be able to demonstrate a continuing ability to pay the offered wage as of the priority date.

Will my family also gain admission to the United States?

If you obtain an EB-3 immigrant visa, then your spouse and unmarried children under the age of 21 may be eligible to apply for admission to the United States. E34 is for the spouse of a “skilled worker” or “professional”); EW4 is for the spouse of an “other worker”; or E35 is for the child of a “skilled worker” or “professional”; and EW5 is for the child of an “other worker”.

Total Dedication

Regardless of your immigration concern, you can count on our experience and dedication.

Please contact us for more information about your case so that we may determine and then pursue your best option.

With our firm on your side, you will have an immigration lawyer directly available to you. Contact us to schconsultation.

Mitchell & Serrano provides expert immigration advice and total dedication to our clients. As Global Business Immigration Lawyers, clients include employers and businesses, academics, scientists, artists and athletes seeking immigrant visas. The firm represents many seeking an EB-1 visa, an L visa and an EB-2 for business start-ups. We are closely monitoring President Biden’s immigration reform plan and provides frequent updates on this website.

Our immigration law firm provides representation for companies abroad and here at home seeking immigrant visas. If you are a foreign investor, we can assist you in with all of your requests for employment visas. We can also ensure that the appropriate applications are submitted at a consulate office or U.S. embassy. Contact us if you need advice on the transfer of valuable employees to the United States.

BUSINESS IMMIGRATION