EB-3—Third Employment-Based Preference for Skilled Workers
Skilled workers may apply for the third employment-based preference category. However, applicants must have at least two years of experience, training, or education that is directly related to the position being offered. Additionally, the offered position must require applicants to already possess at least two years of experience, training, or education that is relevant to the position.
Before any action may be taken by the applicant for this third employment-based preference category, the petitioning employer must have already secured labor certification (PERM) from the U.S. Department of Labor. Accordingly, there must be a specific job offer to apply for this preference category. Once labor certification has been obtained, the petitioning employer must file for an Immigrant Petition.
Applicants may only file for an adjustment of status or move on with consular processing once a visa becomes numerically available. Due to a significant backlog of applications for this preference category, an individual applicant may end up waiting years for his or her visa to become numerically available. Applicants from most countries often must wait at least seven years to advance with the process; applicants from Mexico, India, and the Philippines often must wait much longer. These wait periods are expected to remain the same in the near future.
The spouse and children of the primary beneficiary may enter and remain in the United States under a derivative status of the EB-3. To be eligible for this derivative status, children may not be married and must be under 21 years old.
The Austin immigration attorneys at the William Jang, PLLC, charge the following in attorney’s fees for typical cases that are filed in the United States and with the U.S. Citizenship and Immigration Services (USCIS) (please take a moment to read this disclaimer), along with the filing fees that are currently charged by the USCIS:
Step 1—Labor Certification
- $3,000 to cover attorney’s fees
- The cost to advertise this position (this is variable)
Step 2—Permanent Residency Petition
- $3,000 to cover attorney’s fees for the main beneficiary
- $700 to cover the filing fee for the main petition with the USCIS
Step 3—Adjustment of Status
- $2,000 to cover attorney’s fees for the main beneficiary (including his or her immediate family)
- $1,225 to cover each person, or $750 for each person under the age of 14)
At the William Jang, PLLC, our Austin immigration attorneys possess the experience and the resources to help skilled workers ensure that their application for the third employment-based preference visa. To speak with an immigration attorney in Austin about the particulars of your situation, please call our Austin offices at today.