EB-3 Third Preference—Employment Based Immigration
EB-3 visas are issued to certain classes of immigrants who wish to live and work in the United States on a permanent basis. Because demand for these visas is very high, it is vital that you hire an experienced EB-3 attorney who can help you navigate the complicated application process. The Austin immigration attorneys at Law Office of William Jang, PLLC have been helping people obtain EB-3 visas for years.
Our team can help you better determine your eligibility of EB-3 Employment Based Immigration status. If you have any questions about your eligibility or the EB-3 application process, don’t hesitate to schedule a consultation with our compassionate and understanding Austin immigration lawyers by calling (512) 323-2333.
Advantages In The Application Process
Aside from any unused visas from the EB-1 and EB-2 Employment Based Immigration statuses, the EB-3 Third Preference Employment Based Immigration status is allotted 40,000 visas on an annual basis. To qualify for the EB-3 Employment Based Immigration status, individuals must first have their Labor Certification (PERM) and a specific job offer in hand. However, even once an individual has secured the Labor Certification, a Petitioner (the applicant’s future employer) must file for an Immigrant Petition. As visas become numerically available, individuals may file for the adjustment of status or go ahead with consular processing.
Sadly, since there are many individuals filing for EB-3 Employment Based Immigration statuses, it may take a number of years before there is numerical availability for their visa. Furthermore, it is not expected that this delay in availability is likely to change in the near future.
When accompanying the main beneficiary of the EB-3 Employment Based Immigration status, spouses and children, defined as under 21 and unmarried, may obtain green cards as derivatives of any individual granted EB-3 Employment Based Immigration status.
Do I Need an EB-3 Third Preference Attorney?
If you are trying to live and work in the United States, you have probably discovered how complicated and frustrating U.S. immigration laws can be. Getting the help of an experienced immigration attorney is your best bet for obtaining an EB-3 visa. A skilled attorney has been through the complex, multi-phase process many times before, so they can help you navigate the red tape.
Why Choose Law Office of William Jang, PLLC to Handle My Case?
At Law Office of William Jang, PLLC, our experienced and compassionate Austin immigration attorneys have dedicated their professional lives to helping immigrants achieve the American dream. Our decades of experience in immigration law has given us a firm understanding of the obstacles faced by immigrants. We know how to apply our legal knowledge and skills to help immigrants overcome those challenges.
The Austin immigration lawyers at the Law Office of William Jang, PLLC, are highly experienced with assisting companies and individuals in the successful application for EB-3 Employment Based Immigration permanent resident statuses. We tirelessly fight for the rights and needs of our immigrant clients. Our attention to detail and hard work sets us apart from the other immigration law firms. Our compassionate lawyers understand how important your unique case is to you, and we want to help in any way we can. To contact the Austin EB-3 visa lawyers at the Law Office of William Jang, PLLC, call us at (512) 323-2333.
Types of EB-3 Cases We Handle
At Law Office of William Jang, PLLC, we handle EB-3 cases for all categories of workers. The following individuals are qualified to apply for the EB-3 Third Preference Employment Base Immigration (Green Card) status:
This subcategory is for people who have a U.S. bachelor’s degree or foreign degree equivalent, and that a bachelor’s degree is a requirement for entry into the occupation they seek. In order to apply, you need a permanent full-time offer of employment and a labor certification. You must be doing work in which qualified workers in the U.S. are not available. Lastly, work experience and some education cannot be substituted for a bachelor’s degree. Examples of professional workers include, but are not limited to, engineers, architects, doctors, and teachers.
Individuals who have 2 years of work experience or training. Applying under this category requires a labor certification and a permanent full-time offer of employment. You must also demonstrate 2 or more years of training and job experience and be performing work for which qualified workers are not available in the U.S.
The “other workers” subcategory are people who are capable of performing unskilled labor, which is defined as work requiring less than 2 years of training or experience, that is not seasonal or temporary. Like the previous two subcategories, this is in the case that there not qualified workers are not available in the United States. To apply for this category, you must have a permanent full-time offer of employment and a labor certification. Because there is an annual limit of 10,000 visas in this subcategory, there are very long backlogs.
If you have any questions about your eligibility, please reach out to the Austin immigration attorneys at Law Office of William Jang, PLLC by calling (512) 323-2333.
Frequently Asked Questions (FAQs) About EB-3 Cases
At Law Office of William Jang, PLLC, we get a lot of questions from clients regarding EB-3 visas. Below are some questions we hear often. We hope you find this information useful. If you have questions about your particular situation, don’t hesitate to contact our experienced Austin immigration lawyers by calling (512) 323-2333.
How do I file for an EB-3 Visa?
To apply for an EB-3, your employer has to file the Labor Certification with the U.S. Department of Labor. This confirms that they tried to recruit American workers for the position, but did not find anyone who was qualified or willing to do the job. After the Labor Certification is approved, your employer has to submit an immigrant visa petition and other necessary documentation to the United States Citizenship and Immigration Services (USCIS) on your behalf. You may have to wait for an immigrant visa number to become current before you can apply to adjust your status.
How long does it take to get an EB-3?
The steps involved in the EB-3 process can take varying amounts of time. The first step is the Labor Certification, which requires a recruitment process that takes 60 days at the minimum. The Department of Labor takes, on average, six to nine months to process the form.
After that step, your employer will file the I-140 with U.S. Citizenship and Immigration Services (USCIS), which generally takes about six months to process. It can be expedited, however, with premium processing. After that, you will have to wait until your priority date is current, which has a major influence on your overall processing time as the priority dates for some countries are already current while other counties could take years. After that, you will need to go through consular processing or adjustment of status, which requires the filing of the I-485 form. This form takes about six months to process. Consular processing can take weeks to months depending on how busy the U.S. Consulate is in your home country. In total, the shortest waiting time for an EB-3 is about one year while the longest waiting time could be over 10 years. The wait time depends on your unique situation.
Is there a difference between an EB-3 visa and an EB-3 green card?
Many people get the terms visa and green card confused, and it is often assumed that they are different things. When in actuality, a green card is a visa. A visa allows aliens to spend time in the United States. There are two primary types of visas: nonimmigrant and immigrant visas. Nonimmigrant visas are temporary. A holder of this visa often returns to their home country at the end of the validation period. On the other hand, an immigrant visa is permanent. Holders of an immigrant visa are granted permanent residence in the U.S., which allows them to legally live and work almost without restriction indefinitely. Immigrant visas are referred to as green cards because the permanent resident cards are green in color. Therefore, the EB-3 green card and the EB-3 visa are the same thing because green cards are a type of visa.
Contact an Austin Employment-Based Immigration Attorney
The experienced Austin EB-3 attorneys at Law Office of William Jang, PLLC are ready to help you work through every aspect of your EB-3 application. To speak with one of our compassionate and skilled EB-3 lawyers about the particulars of your situation, call us today at (512) 323-2333.