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EB-3 Skilled workers, professionals, and other workers

EB-3 Visa: Green Cards for Skilled Workers, Professionals, and Unskilled Workers

The EB-3 visa is an employment-based immigrant visa that allows U.S. employers to sponsor foreign workers for permanent residency (Green Card). The EB-3 category is open to skilled workers, professionals, and unskilled workers, making it a popular option for employers seeking to fill a variety of positions. At The Dhanani Law Firm, we have over 25 years of experience helping businesses and individuals navigate the EB-3 petition process, ensuring compliance with U.S. immigration laws and maximizing the chances of success.

What Is the EB-3 Visa?

The EB-3 visa is part of the third preference employment-based Green Card category. It is designed for foreign workers who fall into one of the following three categories:

  • Skilled Workers: Individuals with at least two years of training or experience in a job that is not temporary or seasonal.
  • Professionals: Individuals with a U.S. bachelor’s degree or its foreign equivalent, working in a job that requires a degree.
  • Unskilled Workers (Other Workers): Individuals performing unskilled labor requiring less than two years of experience or training.

The EB-3 visa provides a pathway to permanent residency for workers in various industries, from technical fields to general labor positions.

Who Qualifies for the EB-3 Visa?

To qualify for an EB-3 visa, the applicant must meet specific criteria, which vary by the category under which they are applying. Additionally, all EB-3 petitions require a permanent, full-time job offer from a U.S. employer and employer sponsorship.

Skilled Workers

Skilled workers must meet the following qualifications:

  • Minimum of two years of job experience or training: The position being offered must require at least two years of experience or training.
  • Job offer and employer sponsorship: A U.S. employer must offer you a permanent, full-time job and file a petition on your behalf.
  • PERM Labor Certification: The employer must obtain a labor certification from the U.S. Department of Labor (DOL) to confirm that no qualified U.S. workers are available for the position.

Professionals

Professionals must meet the following qualifications:

  • Bachelor’s degree or equivalent: You must have at least a U.S. bachelor’s degree or a foreign equivalent. The position must require a degree.
  • Job offer and employer sponsorship: A U.S. employer must offer you a permanent, full-time job and file a petition on your behalf.
  • PERM Labor Certification: As with skilled workers, the employer must obtain a labor certification to ensure that hiring a foreign worker will not negatively impact the U.S. labor market.

Unskilled Workers (Other Workers)

Unskilled workers must meet the following qualifications:

  • Less than two years of experience or training: The position being offered requires less than two years of training or experience and must not be temporary or seasonal.
  • Job offer and employer sponsorship: A U.S. employer must offer you a permanent, full-time job and file a petition on your behalf.
  • PERM Labor Certification: The employer must obtain labor certification from the Department of Labor, just as with the other EB-3 categories.

PERM Labor Certification for EB-3 Petitions

For all EB-3 petitions, the U.S. employer must obtain PERM labor certification from the U.S. Department of Labor. This process requires the employer to prove that:

  • There are no qualified U.S. workers available to fill the position.
  • Hiring a foreign worker will not negatively affect the wages and working conditions of U.S. workers.

The employer must go through a recruitment process, which includes advertising the job in multiple places, before submitting the PERM application. The labor certification must be approved before filing the EB-3 petition.

Benefits of the EB-3 Visa

The EB-3 visa offers several advantages for both employers and workers:

  • Path to Permanent Residency: EB-3 visa holders can obtain a Green Card, granting them permanent residency in the U.S.
  • Family Benefits: EB-3 visa holders can bring their spouse and unmarried children under 21 to the U.S. as dependents. They are eligible for permanent residency (Green Card) as well.
  • Wide Range of Job Types: The EB-3 visa is open to skilled, professional, and unskilled workers, providing flexibility for both workers and employers across industries.
  • No Extraordinary Ability Requirement: Unlike the EB-1 and EB-2 categories, the EB-3 visa does not require extraordinary ability or advanced degrees, making it more accessible to a broader range of applicants.

How The Dhanani Law Firm Can Help You

At The Dhanani Law Firm, we provide comprehensive legal support for EB-3 visa petitions. With over 25 years of experience, we guide both employers and foreign workers through the entire process, from PERM labor certification to obtaining permanent residency.

For Employers:

  • Job Description and Qualification Review: We help employers define the job description and ensure the worker’s qualifications meet the EB-3 requirements.
  • PERM Labor Certification Process: We assist employers in managing the recruitment process, submitting the PERM labor certification, and ensuring compliance with Department of Labor regulations.
  • Petition Preparation and Filing: We prepare and submit the I-140 petition (Immigrant Petition for Alien Worker) to U.S. Citizenship and Immigration Services (USCIS) once the PERM certification is approved.

For Employees:

  • Qualification Review: We review your qualifications and experience to ensure you meet the EB-3 visa requirements and guide you through the documentation process.
  • Consular Processing or Adjustment of Status: After your EB-3 petition is approved, we help you navigate the next steps, whether through consular processing in your home country or Adjustment of Status in the U.S. to obtain your Green Card.

Why Choose The Dhanani Law Firm?

With over 25 years of experience in immigration law, The Dhanani Law Firm has successfully helped numerous employers and workers navigate the complexities of the EB-3 visa process. We are dedicated to providing personalized, detail-oriented legal support to ensure that your petition is complete, compliant, and positioned for success. Whether you’re an employer seeking to sponsor foreign talent or a worker looking to secure U.S. permanent residency, we are here to guide you every step of the way.

Start Your EB-3 Visa Process Today

Ready to sponsor a foreign worker for an EB-3 visa or begin your Green Card journey? Schedule a consultation with The Dhanani Law Firm today and let us help you navigate the EB-3 petition process with confidence.
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    1100 Peachtree Street NE, Suite 200 Atlanta, GA 30309

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