EB-3—Third Employment-Based Preference for Skilled Workers
Basic Requirements:
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.
Application Process:
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.
Family Members:
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.
Fees:
The Austin immigration attorneys at the Law Office of 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 attorney’s fees
- The cost to advertise this position (varies)
Step 2—Permanent Residency Petition:
- $3,000 attorney’s fees
- $715 USCIS filing fee for Employment Petition
- $300 USCIS Asylum Fee ($600 for large companies*) ($0 for nonprofit)
- $2,965 USCIS premium processing fee (optional)
* Large Companies are companies with more than 25 employees in the U.S.
Step 3:—Adjustment of Status (if already in the U.S.):
- $3,500 attorney’s fees
- $1,500 attorney’s fees for each family member
- $1,440 USCIS filing fee for Adjustment of Status for each person
- $260 USCIS Employment Authorization Document for each person (optional)
- $630 USCIS Advance Parole for each person(optional)
Consular Processing (if outside of the U.S.):
- $4,500 attorney’s fees for the principal beneficiary
- $1,500 attorney’s fees for each family member
- $325 Consular Processing fee per person
- $220 Permanent Resident Card
Experience:
At the Law Office of 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 (512) 323-2333 today or click here to learn more about EB 3 employment visas.
