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Skilled EB3 Visa Attorney in San Jose, Helping Clients Start On The Path To Permanent Residency

A lot of the employment immigrant visas the U.S. issues are based on exceptional abilities or advanced degrees possessed by the applicants. The EB-3 visa, however, is a pathway to permanent residency for professional workers who hold basic degrees, as well as for skilled and unskilled workers. If you think you qualify for an EB-3 visa, contact the San Jose immigration attorney at the Yew Immigration Law Group to evaluate your case. We’ve helped many non-U.S. citizens take their first step toward achieving the American Dream.

Call our San Jose offices today at (408) 645-6395 to start on your path to permanent residency in the United States.

Who Is Eligible For An EB-3 Visa?

The EB-3 visa, also known as a third preference immigration petition, is issued to the following:

  • Professional Workers: These are workers who possess a U.S. bachelor’s degree or foreign equivalent. They must also be able to demonstrate that a bachelor’s degree is the normal requirement for entry into the occupation.
  • Skilled Workers: These are individuals who perform occupations that don’t generally require college degrees but have at least two years of job experience or training, indicating a certain level of proficiency. Most of the time, skilled workers have post-secondary degrees, licenses, or certifications. Skilled workers include graphic designers, fashion designers, journalists, chefs, and computer and technical workers.
  • Unskilled/ Other Workers: These are workers who possess less than two years of training or experience in their field of employment. Essentially, individuals who do not possess the required training or education to meet the subcategories mentioned above fall under the EB-3 subcategory of unskilled workers. Examples include nurse’s aides, nannies, and janitors.

It is important to note that professional and skilled workers share the same allotment of visas under the EB-3 category, which is 30,000 per year. Unskilled/ other workers, however, draw from a separate pool of only 10,000 visas, so they have to wait much longer for their Green Cards.

How Do I Apply For An EB-3 Visa?

To obtain an EB-3 visa, you must have a permanent full-time job offer and an approved Labor Certification. Your employer must file the Labor Certification with the U.S. Department of Labor, confirming that they attempted to recruit U.S. workers for the job opening but didn’t find anyone who was willing or qualified. The Labor Certification should also indicate that the position requires the education, training, or experience you have. This is called the PERM process, which is explained below.

Once the Labor Certification is approved, your employer should submit an immigrant visa petition (Form I-140) and other necessary documents to the USCIS on your behalf. Depending on the visa preference category, your country of birth, and the changes in visa demand, you may need to wait for an immigrant visa number to become current before you can apply to adjust your status (if in the U.S.) or apply for an immigrant visa from a U.S. consulate abroad. For this category, there is generally a wait time for individuals whose country of birth is China, India, Mexico, or the Philippines.

In such cases, you are assigned a priority date (the date the Labor Certification is filed). You will have to wait until your priority date is “current” before you can apply for an immigrant visa abroad or for an adjustment of status.

For the EB-3 visa, your spouse and/ or (minor) children may accompany you and be eligible to receive permanent resident status.

What is the PERM Process?

PERM is an acronym for “Program Electronic Review Management.” For certain visas, including the EB3 visa, the employer must prove under this process that there was no qualified U.S. citizen worker available to fill the position and that the wage being offered is not lower than a U.S. citizen would require to take the job. This is designed to keep employers from hiring foreign workers at wages that would be unacceptable to U.S. citizens, thus driving down wages for all workers and ensuring that qualified citizens are not being passed over for employment in favor of foreign workers. The employer is required to run a recruitment campaign and prove that the job will be compensated at the prevailing wage for the location and job description.

To conduct a qualifying recruitment campaign, the employer must complete the following steps 30 days prior to filing the labor certification application:

  • Open a 30-Day job order with the state workforce office at least 60 days prior to filing the labor certification application
  • Post a notice of intent to employ a foreign worker internally or with any labor union covering the position if there is a labor union that does so
  • Place newspaper advertisements with the newspaper in general circulation in the area of intended employment for at least two Sundays

While most requirements of the PERM process must be fulfilled by the employer, the prospective foreign employee must provide proof of education, any necessary certifications or licenses, and a record of prior employment to show that they are qualified for the position they have been offered.

A labor certification will be granted if it is proven through the PERM process “that there are insufficient qualified U.S. workers available and willing to perform the work at the prevailing wage paid for the occupation.”

What Parts of the Application Process Are My Responsibility?

While much of the application for an EB3 visa requires action on the part of your prospective employer, there are also things that you will be responsible for. With the help of an experienced EB3 visa lawyer from Yew Immigration Law Group, you will be required to:

  • File Form DS-261, Choice of Address and Agent: You will fill this form out online and submit it. The form constitutes your visa application to the U.S. Embassy in your home country. After submitting the DS-261 online, you will get a confirmation page that you need to print out. Later, you will send it to the National Visa Center (NVC) with your supporting documents.
  • Complete required medical examinations and vaccinations: The United States requires that permanent residents meet certain health requirements.
  • Send the following documents to the NVC once they have approved your DS-261 form:
  • The DS-261 confirmation page
  • Signed proof of required medical examinations and vaccines
  • A passport is valid for at least 6 months beyond your intended departure for the U.S.
  • Your CV or resume
  • An employment offer from the United States employer
  • The approved Labor Certification (PERM)
  • The approved petition
  • Two photographs that meet U.S. visa requirements
  • Proof of education(diplomas and certificates)
  • Any court or criminal records
  • Any additional documents requested by the NVC
  • Attend the required U.S. Embassy interview: The NVC will schedule an interview for you at the U.S. Embassy. Your attendance is required. Your application will be given final approval or denial by the United States official who interviews you after they have reviewed your documents.
  • If approved, you will receive a package from the NVC and may travel to the U.S.: Do not open the package you receive from the NVC under any circumstances. Once you reach a port of entry to the United States, you must give it to an immigration official. Only an immigration official at a port of entry may open the package to determine your eligibility to enter the United States under an EB3 visa.

What Are the Benefits of an EB3 Visa?

An EB3 visa establishes a foreign worker as a permanent resident of the United States. This means that an EB3 visa holder can live and work in the United States without having to obtain an Employment Authorization Document (EAD). If you have been waiting for the final approval of your Green Card application for 180 days or more, you can change your employment under an EB3 visa. Permanent residents of the United States have the full protection of all local, state, and federal laws and can move freely in and out of the country and from state to state within it.

One of the greatest benefits of an EB3 visa, beyond simply allowing you to live and work in the U.S., is that it allows you to bring family members to the United States with you. Once you have obtained an EB3 visa as a skilled worker, your spouse may qualify for the E-34 visa, and your children may qualify for the E-35 visa.

If you receive an EB3 visa as an unskilled worker, your spouse and children are likely eligible to come to the United States under the EW-4 and EW-5 visas.

Once your spouse receives an E-34 or EW-4 visa, they may apply for an Employment Authorization Document (EAD). Once this is approved, they can work in the U.S., as well.

Why Choose Yew Immigration Law Group to Help Me Apply For An EB3 Visa?

The EB-3 visa requires less documentation and fewer proofs of evidence than the EB-1 visa and EB-2 visa categories, but that doesn’t mean the process is easier to navigate on your own. The demand for EB-3 visas is high, making them difficult to obtain. It is for this reason that it’s extremely important to retain an EB-3 visa attorney in San Jose to help you understand the complex U.S. immigration system.

Immigration laws in the United States frequently change as Congress passes new laws and new Presidential administrations take over. At Yew Immigration Law Group, we follow these changes diligently to ensure that we have the most up-to-date knowledge of the laws surrounding EB3 and other visas.

Having competent legal counsel to guide you through every stage of the application process increases your chances of approval. Our EB-3 visa lawyers have extensive experience and accomplished track records of obtaining EB-3 Green Cards for our clients. Call Yew Immigration Law Group today at (408) 645-6395 or contact us online to arrange your initial complimentary consultation.