EB-3 Visa Lawyer

Get Assistance from the Right Experts for Your EB-3 Petition

Employment-based third preference or EB-3 visas are permanent residence visas that are reserved for non-immigrant workers who are classified as “skilled workers,” “professionals,” or “other workers.” Petitions that are filed under this category require to be submitted with a PERM labor certification and proof of a permanent, full-time job offer.

An EB-3 petition must be filed by the prospective US employer and there is no provision for self-petition under this classification. This makes the prospective US employer the EB-3 Petitioner, and the employee for whom the petition is being filed, the EB-3 Beneficiary.

EB-3 petitions may take anywhere from one to several years to process, depending on the nationality of the EB-3 Beneficiary and the nature of the EB-3 petition. Moreover, like all other employment-based immigrant petitions, EB-3 petitions are subjected to intense scrutiny by the USCIS. To satisfy the highly complex requirements of an EB-3 visa, it is recommended that you file your petition through an experienced immigration attorney.

Eligibility Requirements of an EB-3 Petition

For successfully petitioning an EB-3 visa, there are several prerequisites that must be fulfilled regarding the proffered US position, and the proposed employee’s qualifications. We will discuss the eligibility requirements for each of the EB-3 classifications below:

Skilled Workers

An EB-3 petition filed for the “skilled workers” classification, must be accompanied by documentary evidence demonstrating that:

The employee possesses at least 2 years of job experience, education, or training, as required by the job.
The employee possesses relevant post-secondary education that may be considered as training, which meets the specific job requirements.
The employee meets all other job requirements specified on the labor certification.
The employee is performing work for which qualified workers are not available in the United States.

Professionals

If the EB-3 petition is being filed for the “professionals” classification, the petition must be accompanied by evidence demonstrating that:

The employee possesses a U.S. baccalaureate or foreign equivalent degree and meets all other requirements specified in the labor certification.
A baccalaureate degree is a normal requirement for entry into the proposed occupation.
The employee is performing work for which qualified workers are not available in the United States.

Unskilled Workers (Other Workers)

If the EB-3 petition is being filed under the “Unskilled Workers (Other Workers)” classification, the petition must be accompanied by evidence demonstrating that:

The employee possesses the ability to perform specific unskilled labor (requiring less than 2 years of training or experience), that is not of a temporary or seasonal nature.
The employee meets all other job requirements specified on the labor certification.
The employee is performing work for which qualified workers are not available in the United States.

Benefits of Opting for an EB-3 Petition

An EB-3 visa provides non-immigrant workers who are eligible under this program, an option to permanently reside in the United States. This visa classification is also advantageous compared to other employment-based immigrant petitions due to the following reasons:

The standard of proof required for a successful EB-3 petition is much lesser than that of an EB-1 or an EB-2 petition.
Spouses and unmarried children can apply for admission to the United States along with the Beneficiary.

We have a Unique Perspective on EB-3 Applications

Based out of Chicago, Illinois, with additional offices in Schaumburg, IL, and Madison WI, Francis Law Center is committed to serving the immigration needs of clients throughout the world. Our clients include people coming to the United States from India, Pakistan, Latin America, Canada, the Middle East, Asia, Europe, Africa, Korea, and elsewhere.

Francis Law Center is committed to practicing immigration law. In fact, it is the only kind of law we practice. Attorney Jae Francis Lee brings experience as a professional, previously working as a professor for 22 years at the University of Wisconsin and holds a Ph.D. from New York University. He understands the importance of in-depth research and meticulous documentation required for a successful EB-3 visa petition. As a result, we can help you understand your options when it comes to qualifying and filling an EB-3 petition.