The EB3 visa is a valuable pathway to permanent residency in the United States for skilled workers, professionals, and even unskilled workers. As a third-preference employment-based immigrant visa, it provides opportunities for individuals who meet specific qualifications and employers seeking to fill critical workforce needs.
At Pollak PLLC, we specialize in helping Fort Lauderdale clients navigate the complexities of the EB3 visa process. With extensive experience in employment-based immigration, our legal team works diligently to ensure that applications are carefully prepared and successfully filed. Whether you’re an individual pursuing a green card or an employer seeking to sponsor talent, we are here to guide you every step of the way.
Understanding the EB3 Visa
The EB3 visa is an employment-based green card category designed for individuals who want to live and work in the United States permanently. It is more accessible than higher-preference categories like EB1 or EB2 but still requires meeting specific eligibility criteria. The EB3 visa is divided into three subcategories:
- Skilled Workers: This subcategory applies to individuals whose jobs require at least two years of training or experience. Examples include technicians, tradespeople, and other roles that demand specialized skills.
- Professionals: This subcategory is for individuals who hold at least a U.S. bachelor’s degree or its foreign equivalent. The job offered must require a bachelor’s degree as a minimum qualification.
- Other Workers: This subcategory is for individuals performing jobs that require less than two years of training or experience. These roles can include agricultural laborers, hospitality workers, or construction laborers.
Each subcategory has its own documentation requirements, but all require an offer of permanent, full-time employment from a U.S. employer and approval of labor certification through the Department of Labor (DOL).
The Advantages of the EB3 Visa
The EB3 visa offers numerous benefits for both workers and employers:
Pathway to Permanent Residency
Like other employment-based green card categories, the EB3 visa grants successful applicants lawful permanent residency, allowing them to live and work in the United States indefinitely. Green card holders can sponsor certain family members for immigration and, over time, apply for U.S. citizenship.
Broad Eligibility
Compared to EB1 and EB2 categories, the EB3 visa has broader eligibility requirements. It accommodates a diverse range of workers, including those without advanced degrees or exceptional abilities, making it an accessible option for many individuals.
Opportunities for Employers
The EB3 visa provides U.S. employers with a means to address workforce shortages by hiring qualified foreign workers. This can be particularly advantageous for industries struggling to fill skilled or unskilled positions domestically.
Family Benefits
Spouses and unmarried children under 21 years of age can apply for derivative visas, allowing them to join the primary applicant in the United States and, in many cases, work or study while residing there.
Eligibility Requirements for the EB3 Visa
The EB3 visa is structured to accommodate a diverse range of workers, including skilled workers, professionals, and unskilled laborers (other workers). Each subcategory has specific requirements that applicants must meet to qualify. Employers also play a critical role by providing permanent, full-time job offers and obtaining labor certification. At Pollak PLLC, we work closely with both applicants and employers to ensure all requirements are met, and every petition is compelling.
Skilled Workers
The skilled worker subcategory is for individuals whose jobs require at least two years of training or experience. This training or experience must be directly relevant to the job being offered.
- Experience or Training Requirements: Applicants must provide proof of at least two years of specialized experience or formal training in the field. For example, this category may include roles like technicians, electricians, chefs, or machinists.
- Job Requirements: The offered position must necessitate a level of expertise that meets the two-year threshold. Routine or entry-level positions typically do not qualify under this subcategory.
- Supporting Documentation: To establish eligibility, applicants should submit employment verification letters from previous employers, training certificates, licenses, or other credentials that validate their qualifications.
Employers must demonstrate through labor certification that the job’s requirements are essential and that no qualified U.S. workers are available to fill the position.
Professionals
The professionals subcategory is for individuals who hold at least a bachelor’s degree in their field of work and are being offered a job that requires such qualifications.
- Educational Requirements: Applicants must have a U.S. bachelor’s degree or an equivalent degree from a foreign institution. Degrees obtained abroad must be evaluated by a credentialing service to confirm equivalency to a U.S. bachelor’s degree.
- Job Requirements: The offered job must explicitly require a bachelor’s degree as a minimum qualification. Roles in this category often include positions such as accountants, engineers, teachers, and IT professionals.
- Supporting Documentation: Applicants need to provide diplomas, official transcripts, and, if applicable, credential evaluations for degrees earned outside the United States.
In addition to proving the applicant’s qualifications, the employer must certify that the job genuinely requires a bachelor’s degree and is not a position that could be filled by an individual with lower qualifications.
Other Workers
The other workers subcategory is for individuals who perform unskilled labor in positions requiring less than two years of training or experience.
- Job Nature: The job offered must involve tasks that can be performed with minimal training or prior experience. Typical positions include agricultural workers, housekeeping staff, construction laborers, and certain roles in hospitality and food services.
- Demonstrating Ability: Applicants must provide documentation showing their ability to perform the tasks associated with the job, such as letters of recommendation, previous employment records, or basic training certifications.
- Employer Responsibilities: Employers must prove through labor certification that there are no qualified U.S. workers available to fill the position and that hiring a foreign worker will not negatively impact the U.S. labor market.
While the other workers subcategory is accessible to a broader range of applicants, it is subject to an annual cap, often resulting in longer wait times for visa availability.
Common Requirements Across All Subcategories
Regardless of the subcategory, all EB3 visa applicants must meet these additional requirements:
- Permanent, Full-Time Job Offer: Applicants must have a valid offer of employment for a permanent, full-time position from a U.S. employer.
- Labor Certification: The employer must obtain labor certification from the Department of Labor, confirming that hiring the foreign worker will not negatively impact U.S. workers or wages.
- Sponsorship by a U.S. Employer: Except in rare cases, the employer must serve as the petitioner by filing Form I-140 on behalf of the worker.
At Pollak PLLC, we understand that navigating these requirements can be overwhelming. Our team ensures that every aspect of the application, from eligibility documentation to employer compliance, is handled with precision. We work closely with clients to build strong cases, ensuring their petitions meet all USCIS criteria for approval.
Understanding The EB3 Visa Application Process
The EB3 visa application process is a multi-stage endeavor that requires careful planning, detailed documentation, and compliance with U.S. immigration laws. Both employers and applicants must fulfill specific requirements to ensure the application progresses smoothly. At Pollak PLLC, we provide comprehensive support at every stage, handling the complexities to give our clients the best chance of success.
Labor Certification (PERM Process)
The labor certification process, overseen by the Department of Labor (DOL), is a critical first step for most EB3 applications. This process ensures that hiring a foreign worker does not negatively affect the wages or job opportunities of U.S. workers. Employers must demonstrate compliance with DOL standards by completing the following:
- Recruitment Efforts: Employers must conduct a robust recruitment campaign to identify qualified U.S. workers. This includes advertising the position in newspapers, job boards, and other platforms to demonstrate a good-faith effort to fill the role domestically. Recruitment results must be documented and submitted as part of the labor certification process.
- Prevailing Wage Determination (PWD): Employers must request a PWD from the DOL to determine the appropriate wage for the position based on the role’s location, job duties, and industry standards. Offering less than the prevailing wage can result in certification denial.
- Filing ETA Form 9089: After completing recruitment and confirming no qualified U.S. workers are available, the employer submits ETA Form 9089 to the DOL. This form certifies the recruitment process and confirms compliance with DOL regulations.
The labor certification process can be time-consuming and requires strict attention to detail to avoid delays. At Pollak PLLC, we assist employers in navigating this critical step, ensuring that all requirements are met and all documentation is accurate and thorough.
Filing Form I-140 (Immigrant Petition for Alien Workers)
Once labor certification is approved, the next step is for the employer to file Form I-140 with U.S. Citizenship and Immigration Services (USCIS). This petition establishes the applicant’s eligibility for the EB3 visa and verifies the employer’s qualifications to sponsor the worker.
The I-140 petition must include:
- Evidence of the Worker’s Qualifications: Documentation such as diplomas, certificates, or letters of employment that prove the applicant meets the requirements of the position. For example, skilled workers must provide evidence of at least two years of training or experience, while professionals must show proof of a bachelor’s degree or equivalent.
- Proof of Employer’s Ability to Pay: Employers must demonstrate their financial capacity to pay the offered wage, typically through tax returns, audited financial statements, or other records.
- Detailed Job Description: The petition should include a thorough explanation of the job’s duties, requirements, and how the worker’s qualifications align with the role.
Our team meticulously prepares Form I-140 petitions to ensure they address all USCIS requirements. By providing clear, compelling evidence, we help minimize the risk of delays or requests for additional information.
Adjustment of Status or Consular Processing
After USCIS approves the I-140 petition, the applicant moves to the final step of obtaining a green card. The specific process depends on whether the applicant is inside or outside the United States.
- Adjustment of Status: For applicants already in the U.S. on a valid visa, filing Form I-485 allows them to adjust their status to permanent residency without leaving the country. This process includes submitting additional documentation, undergoing a medical examination, and completing a biometrics appointment.
- Consular Processing: Applicants outside the U.S. complete the green card process at a U.S. embassy or consulate in their home country. This involves submitting forms and evidence, attending an in-person interview, and providing biometric data. Applicants must also pass a medical exam and security checks to finalize the process.
Both pathways require careful attention to detail, as any errors or missing information can lead to significant delays or denials. Pollak PLLC provides end-to-end support, helping clients navigate these final steps with confidence and precision.
The EB3 visa application process may seem complex, but with the right guidance, it can be successfully navigated. At Pollak PLLC, we ensure that every stage of the process is handled with care, minimizing delays and maximizing your chances of securing permanent residency.
Whether you’re an employer seeking to sponsor an employee or an applicant pursuing the American dream, we’re here to help you achieve your goals.
Common Challenges and How Pollak PLLC Can Help
The EB3 visa process can be complex, with challenges often arising at various stages. These include:
Labor Certification Delays
The PERM process requires precise documentation and adherence to DOL guidelines. Errors or omissions in the recruitment process or prevailing wage determination can lead to significant delays or denials.
Proving Qualifications
Applicants may struggle to provide sufficient evidence of their qualifications, especially for jobs requiring specific training or experience. Ensuring that documents meet USCIS standards is critical to avoiding complications.
Employer Compliance
Employers must meet stringent requirements to demonstrate their financial ability to pay the offered wage and their adherence to U.S. labor laws. Failing to meet these obligations can jeopardize the application.
Requests for Evidence
USCIS may issue RFEs if the submitted petition lacks sufficient clarity or supporting evidence. Responding promptly and effectively to these requests is essential to maintaining the application’s progress.
Pollak PLLC has extensive experience addressing these challenges. We work closely with both employers and applicants to anticipate potential issues and resolve them proactively. From managing the labor certification process to responding to RFEs, our team ensures that every aspect of the application is handled with care.
Why Choose Pollak PLLC?
Pollak PLLC is a trusted partner for Fort Lauderdale clients navigating the EB3 visa process. With decades of experience in employment-based immigration, we provide personalized legal strategies tailored to the unique needs of workers and employers.
Our approach combines legal expertise with a commitment to client success. We take the time to understand your specific goals, craft a tailored strategy, and provide end-to-end support throughout the application process. From labor certification to green card approval, we are with you every step of the way.
At Pollak PLLC, we pride ourselves on delivering exceptional service, clear communication, and proven results. Whether you are an individual seeking new opportunities in the United States or an employer building a global workforce, we have the knowledge and experience to help you achieve your immigration goals.
