EB-3 Visa Attorney in Los Angeles, California

The EB-3 visa is a third-preference employment-based petition for Permanent Residency (Green Card) in the United States. This visa category is designed for skilled workers, professionals, and other workers who meet certain criteria. Unlike the EB-2 visa, the EB-3 visa does not require exceptional ability or an advanced degree, making it a more accessible option for many applicants who wish to work and live in the U.S. 

If you're trying to immigrate to the U.S., Paul D. Cass, Attorney at Law, is here to offer personalized and compassionate legal guidance. Based in Los Angeles, CA, my firm serves clients throughout Burbank, Inglewood, Glendale, Pasadena, and across Los Angeles, Orange, Riverside, and San Diego counties. With more than three decades of legal experience, I am dedicated to helping you achieve your goals with tailored solutions. Contact my office today to start securing your future. 

Categories Within EB-3 Visas 

1. Skilled Workers: Applicants in this category must have at least two years of job experience, education, or training that meets the requirements of the position. Jobs that fall under this category cannot be of a temporary or seasonal nature. 

2. Professionals: To qualify as a professional, applicants are required to possess a U.S. bachelor's degree or its foreign equivalent. The job they are applying for must require a bachelor's degree as a minimum requirement. 

3. Other Workers: This category applies to individuals performing unskilled labor that requires less than two years of training or experience. These roles must not be temporary or seasonal. 

Application Process for the EB-3 Visa

The EB-3 visa application process involves several steps that each applicant must carefully follow: 

1. Labor Certification: The employer must first obtain a labor certification from the U.S. Department of Labor (DOL). This certification ensures that there are no qualified U.S. workers available for the position and that hiring a foreign worker will not adversely affect the wages and working conditions of U.S. workers. 

2. Filing Form I-140: Once the labor certification is approved, the employer files Form I-140, Petition for Alien Worker, with the USCIS. This form demonstrates that the applicant meets the necessary qualifications and that the employer has the ability to pay the offered wage. 

3. Priority Date: After the I-140 petition is approved, the applicant must wait for their priority date to become current. The priority date is the date the labor certification is filed with the DOL or, for certain categories, the date the I-140 is filed. 

4. Adjustment of Status or Consular Processing: When the priority date is current, the applicant can apply for adjustment of status if they are already in the U.S. on a valid visa. Otherwise, they will undergo consular processing at a U.S. embassy or consulate in their home country. 

Frequently Asked Questions (FAQs) About EB-3 Visas

What is the EB-3 visa? 

The EB-3 visa is an employment-based immigrant visa that enables skilled workers, professionals, and other workers to gain Permanent Residency (Green Card) in the United States. It is classified as a third-preference visa under the U.S. immigration system. 

Who is eligible for the EB-3 visa? 

Eligibility for the EB-3 visa falls into three categories: skilled workers with at least two years of experience or training, professionals with a U.S. bachelor's degree or its equivalent, and other workers who perform unskilled labor requiring less than two years of training or experience. 

Is labor certification required for the EB-3 visa application? 

Yes, labor certification from the U.S. Department of Labor (DOL) is required. The certification confirms that there are no qualified U.S. workers available for the position and that hiring a foreign worker will not negatively impact the wages and working conditions of U.S. workers. 

How long does the EB-3 visa application process take? 

The timeline for the EB-3 visa application process can vary based on multiple factors such as the applicant's country of origin, the employer's readiness to file necessary paperwork, and the processing times of the DOL and USCIS. Generally, it can take anywhere from several months to several years. 

Can family members of the EB-3 visa holder come to the U.S.? 

Yes, the spouse and unmarried children under 21 years of age of EB-3 visa holders can come to the U.S. as derivatives. The spouse may be eligible for an Employment Authorization Document (EAD), commonly known as a work permit. 

What happens if the priority date retrogresses? 

If the priority date retrogresses, it means that visa numbers are not available for certain applicants due to oversubscription. In this case, the applicant must wait until their priority date becomes current again to proceed with the next steps in the immigration process. 

Can an EB-3 visa holder change employers? 

An EB-3 visa holder must typically remain with the sponsoring employer until at least after obtaining the Green Card. Changing employers during the application process can complicate or jeopardize the application unless certain conditions, such as the new employer agreeing to take over the sponsorship, are met. 

Is it possible to upgrade from an EB-3 to an EB-2 visa? 

Yes, in some cases, an applicant may be able to upgrade from an EB-3 to an EB-2 visa if they meet the higher qualification criteria of the EB-2 category. This generally requires a new labor certification and I-140 petition.