Employment-Based Immigration: EB-3 Visa

Overview of EB-3 Visas

The EB-3 visa is an employment-based immigration category for skilled workers, professionals, and other workers. Unlike the EB-2 category, the EB-3 visa requires labor certification and a permanent, full-time job offer from a U.S. employer. This category is suitable for individuals with varying levels of education and experience, from those holding bachelor’s degrees to those performing unskilled labor.

How We Can Help

At Elliott Immigration Law LLC, we specialize in guiding individuals and employers through the EB-3 visa process. Based in Atlanta, Georgia, our experienced team will ensure that your application is complete, accurate, and meets all legal requirements. Contact us today to discuss how we can assist with your EB-3 visa needs.

EB-3 Visa Subcategories

1.Skilled Workers

  • Eligibility Requirements: Skilled workers must have at least two years of job experience or training in a specific occupation.
  • Job Offer: The applicant must have a full-time job offer that requires at least two years of experience or training, as specified in the labor certification.

2.Professionals

  • Eligibility Requirements: Professionals must hold at least a U.S. bachelor’s degree or a foreign equivalent.
  • Job Offer: The job must require a bachelor’s degree or higher, and the applicant must meet other requirements specified in the labor certification.

3.Other Workers

  • Eligibility Requirements: This subcategory is for those who can perform unskilled labor requiring less than two years of training or experience.
  • Job Offer: The applicant must have a full-time job offer that requires unskilled labor, as specified in the labor certification.

Application Process for EB-3 Visas

Step 1: Determine Eligibility

The first step is to confirm eligibility under the appropriate EB-3 subcategory. This involves reviewing the applicant’s education, work experience, and the job offer.

Step 2: Labor Certification

The U.S. employer must obtain a labor certification from the Department of Labor (DOL), proving that there are no qualified U.S. workers available for the position and that hiring a foreign worker will not negatively affect U.S. workers’ wages or working conditions.

Step 3: File Form I-140

Submit Form I-140, Petition for Alien Worker, along with the labor certification, supporting documents, and required filing fee to USCIS. This petition is submitted by the employer on behalf of the worker.

Step 4: Consular Processing or Adjustment of Status

After USCIS approves the I-140 petition, the applicant can apply for an immigrant visa at a U.S. embassy or consulate abroad or, if already in the U.S., file for adjustment of status to obtain a green card.

Frequently Asked Questions

What is a labor certification?

A labor certification is a document issued by the Department of Labor that certifies no qualified U.S. workers are available for the job and that hiring a foreign worker will not negatively impact U.S. workers.

Can I self-petition for an EB-3 visa?

No, an EB-3 visa requires a U.S. employer to sponsor the applicant.

How long does the EB-3 visa process take?

Processing times vary depending on factors such as the applicant’s country of origin and current USCIS processing times.

Why Choose Elliott Immigration Law LLC?

  • Experience and Expertise: Our attorneys have extensive experience with EB-3 visa applications, ensuring that your case is handled with precision and care.
  • Personalized Attention: We provide customized solutions based on your unique circumstances, ensuring your application reflects your specific qualifications.
  • Commitment to Success: We are dedicated to achieving the best possible outcomes for our clients, as evidenced by our high approval rates.
  • Transparent Communication: We keep you informed throughout the process, ensuring you know what to expect at every stage.

For more information or to start your EB-3 visa application, contact Elliott Immigration Law LLC today. Our dedicated team in Atlanta, Georgia, is here to assist you every step of the way

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