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ILLINOIS OFFICE (CHICAGO AREA): 847-786-2599
5250 OLD ORCHARD ROAD, SUITE 300, SKOKIE, ILLINOIS 60077

ARIZONA OFFICE (PHOENIX AREA): 602-759-7480
1 EAST WASHINGTON STREET, SUITE 500, PHOENIX, ARIZONA 85004

Texas Office : (281)-674-7658
10777 Westheimer Road, Suite 1100 Houston, Texas 77042

Vietnam Office:
Floor 8, Le Meridien Building 3C Ton Duc Thang Street District 1, Ho Chi Minh City

EB-3 THIRD PREFERENCE – EMPLOYMENT BASED IMMIGRATION

The Third Preference Employment Based category is apportioned for about 40,000 annual visas plus any unused visas in the first two employment based preferences.

The Third Preference Employment Based Immigration EB-3 (Green Card) is available for the following individuals:

  1. Professionals
  2. Skilled Workers
  3. Other Workers

Skilled workersare persons whose job requires a minimum of 2 years training or work experience, not of a temporary or seasonal nature

“Professionals” are persons whose job requires at least a U.S. baccalaureate degree or a foreign equivalent and are a member of the professions

“Other workers” subcategory is for persons performing unskilled labor requiring less than 2 years training or experience, not of a temporary or seasonal nature.

In a Nutshell, the Eligibility Requirements under the EB-3 Visas include:

  1. A Labor Certification
  2. A permanent, full-time job offer
  3. ability to demonstrate that the applicant will be performing work for which qualified workers are not available in the United States

Under each category are separate requirements:

  • Skilled Workers: must be able to demonstrate at least two years of training or job experience
  • Professionals: must possess a U.S baccalaureate degree or foreign degree equivalent, and must demonstrate that a baccalaureate degree is the normal requirement for entry into the occupation applied for. However, work and experience may not be substituted for a degree in this category.
  • Other Workers: at the time the petition is filed by the sponsoring employer, must be capable of performing unskilled labor requiring less than two years training or experience. The occupation applied for must not be seasonal or temporary in nature; and that qualified workers for which are not available in the United States.

Labor Certification (PERM) and a specific job offer are required in the third Preference Employment Based category.  Moreover, after receiving Labor Certification, the Petitioner (Employer) must file for an Immigrant Petition. Individuals may file for an adjustment of status or may proceed with consular processing when their visas become available.  But because of the number of backlogs, individuals in this category must wait for years to have their visas available. In addition, immediate unavailability of this category will continue for individuals.

This employment based preference category requires that your employer must first obtain Labor Certification (PERM) from the Department of Laboron Form ETA-9089. A specific job offer is required in the Third Preference Employment Based category. Moreover, after having received a Labor Certification, your employer (petitioner) must file for an Immigrant Petition.In some cases, the petition may be submitted to U.S. Citizenship and Immigration Service (USCIS) with an uncertified ETA-9089 for consideration as Schedule A, Group I. Your employer, the petitioner, must file a Form I-140, Petition for Alien Worker. As part of the application process, your employer must be able to demonstrate an ability to pay the offered wage as of your visa priority date. Your employer may use an annual report, federal income tax return, or audited financial statement to demonstrate an ability to pay your wage.

You may file for adjustment of status or proceed with consular processing when your visa becomes numerically available. But because of the backlogs, you- being in this preference category must wait for many years for your visa to become available. Skilled workers from countries like India, Philippines, and Mexico, unfortunately, have to wait even longer. Spouses and children below 21 years of age and not married are qualified to obtain green cards if accompanying the main beneficiary.

You Need an Immigration Lawyer for Your Visa Application

An Immigration lawyer can help you through the entire process of applying for a Visa. We can help employers obtain a visa in behalf of their prospective employee, taking care of all the bureaucratic requirements and other documentary compliance needed to obtain the visa.
Having worked with countless of US employers applying for Visa in behalf of their foreign employees, we have what it takes to provide you with the same dedicated service for your cause. We take the burden of going through the intricate process of visa application for you.
Get in touch with The Gambacorta Law Office today to know more about how we can help you with your EB-3 Visa application.

EB-3 THIRD PREFERENCE – EMPLOYMENT BASED IMMIGRATION PROFESSIONAL

Having a Green Card or lawful permanent resident status in the US means having the privilege to live and work in the country. The two most common means to obtain the same is through a close family member, or though employment in a U.S based company or with a U.S based employer.  Green Card holders have their respective rights and privileges enjoyed while in the country. More so, spouses and minor children may accompany or follow to join the immigrant to the US.
The first sub-category of the Third Preference category in applying for a Visa to the U.S is the immigration professional.  This is perhaps the most widely used sub-category within the Second Preference category.
To qualify under this category, you must:

  • be able to demonstrate that you possess a U.S. Bachelor’s Degree or foreign degree equivalent and that the bachelor’s degree is the normal requirement for entry into the occupation.
  • be performing work for which qualified workers are not available in the United States.

Unlike other classifications, you cannot use equivalent experience to meet the educational requirement. There is no provision for equivalency to a baccalaureate degree based on a combination of education and experience at the EB-3 professional level. Thus, if Form ETA-9089 specifies a minimum educational level of “bachelor’s degree or equivalent,” aforeign national will not qualify for EB-3 classification as a professional if he or she lacks a bachelor’s or a foreign degree evaluated as the equivalent to a U.S. bachelor’s degree.
This preference category visa also prescribes the following requirements:

  • That your petitioner (employer) must first obtain a Labor Certification (PERM) from the Department of Labor.
  • A specific job is also required in the third Preference Employment Based category.
  • After receiving Labor Certification, your Petitioner (Employer) must file for an Immigrant Petition.
  • You may file for adjustment of status or proceed with consular processing only when your visa becomes numerically available. But because of the significant backlogs, in this category, you must wait for seven years or more.  If you are from India, Mexico, or Philippines, then you have to wait even longer.  Spouses and children below 21 years of age and not married are qualified to obtain green cards if accompanying the main beneficiary.

You Need an Immigration Lawyer for Your Employment Based Immigration Professional Visa Application

The process for applying for a Visa under this category requires significant effort on the part of the employer. The procedural step-by-step process requires ample consideration; on top of having to comply with all the necessary documentary requirements and qualifications.

At The Gambacorta Law Office, we can assist you through the entire process of applying for an EB-3 visa. We can give you a detailed discussion on the requirements and processes you have to comply with– and how we can help you accomplish all of it. We can also give you an estimate of the fees needed for the Visa application and other costs which may be incurred along the way.

Get in touch with us to know more about how we can help you with your EB-3 Visa application today!

EB-3 THIRD PREFERENCE – EMPLOYMENT BASED IMMIGRATION SKILLED WORKERS

“Skilled workers” are persons whose job requires a minimum of 2 years training or work experience, not of a temporary or seasonal nature. You must be performing work for which qualified workers are not available in the United States. Labor certification and a permanent, full-time job offer required.

The second sub-category of the Third Preference category is available for Skilled Workers.

To qualify for this sub-category, you must:

  • have at least 2 years of training or experience, or have a combination of education and experience that is equivalent to a Bachelor’s Degree,
  • have a U.S. employer offering you a full time position which requires those types of skills or degree.

 

The primary issues that occur here result from conflict between the employer’s belief that the position does require two years and Department of Labor guidelines on specific vocational preparation that show the position requires less. Therefore this issue will be resolved before the application is submitted to the USCIS.
This preference category visa also prescribes the following requirements:

  • Your employer must first obtain Labor Certification (PERM) from the Department of Labor.
  • A specific job offer is required in the Third Preference Employment Based category.
  • After having received a Labor Certification, your employer (petitioner) must file for an Immigrant Petition.
  • You may file for adjustment of status or proceed with consular processing when your visa becomes numerically available.

Under USCIS regulations, whether a position involves skilled labor is determined by reference to the Department of Labor approved labor certification. But because of the backlogs, you- being in this preference category must wait for many years for your visa to become available. Skilled workers from countries like India, Philippines, and Mexico, unfortunately, have to wait even longer.

You Need an Immigration Lawyer for your Employment Based Immigration Skilled Worker Visa Application

Being an employer filing for a Visa application for your foreign employee, you need the assistance of a professional who knows the process inside-out. At the Gambacorta Law Office, we make everything easier for employers in the U.S.

We begin by discussing with you your Visa needs, and determine the best visa track for your prospect employee. We then proceed with the application and filing for a Visa, completing all the bureaucratic requirements for the same. Basically, what we do is assist you from the initial filing up to the approval of your Visa application.

With our legal expertise and experience in dealing with Visa application and immigration cases, we can provide you with the best assistance and solutions for your Immigrant workers. We work passionately towards obtaining a Visa for your employee.

Talk to us to know more about how we can help you with your Visa application today!

EB-3 THIRD PREFERENCE – EMPLOYMENT BASED IMMIGRATION OTHER WORKERS (UNSKILLED WORKERS)

“Other workers” subcategory is for persons performing unskilled labor requiring less than 2 years training or experience, not of a temporary or seasonal nature.

To qualify for this sub-category, you must:

  • Be capable, at the time the petition is filed on your behalf, of performing unskilled labor (requiring less than 2 years training or experience),
  • Be qualified for an occupation that is not of a temporary or seasonal nature, for which qualified workers are not available in the United States.
  • have a Labor certification and a permanent, full-time job offer.

 

This third sub-category of the Third Preference category is available for Other Workers (Unskilled Workers). The third preference employment- based category is used by U.S. employers to sponsor unskilled workers and in order to qualify, you must be capable of performing unskilled labor and have an employer who is offering you a full time job.  The position offered is one that requires less than two years of experience as the minimal requirement for entry into the occupation.

You Need an Immigration Lawyer for Your Unskilled Worker Visa Application

Bringing your employee to the US could be a life-changing event for the employee and his or her family; however, this requires going through an intricate process that only a legal professional can effectively help you with.
Immigration laws are constantly changing along with the laws and rules on the application and issuance of visas. With this, you need an immigration lawyer to assist you through the process, complying on the latest and applicable bureaucratic requirements for your application.
We help employers through the process of applying a visa for their respective employees. With this, they get to focus better on other things that require their attention and expertise as well.
For your Visa Applications, The Gambacorta Law Office is the one to call for. Get in touch with us today to know more about how we can help you with your EB-3 Visa Application.