EB-3 Visas

Aventura EB-3 Visa Attorneys

Helping International Workers and Their U.S. Employers

When there’s a shortage of U.S. workers, the EB-3 work visa lets U.S. employers hire foreign workers. If you’re a U.S. employer, or if you want to work in the United States, an Aventura EB-3 visa lawyer at the Law Offices Of Carla A. Anzaldi will help you obtain an EB-3 work visa.

More than 100,000 work visas are made available annually for immigrants who want to work and live in the United States. The EB-3 work visa offers a path to lawful permanent residence (a green card) and a path to U.S. citizenship through the naturalization process.

Who is Eligible for an EB-3 Visa?

There are five employment-based visa categories. The EB-3 visa is offered to skilled workers, professionals, and other international workers who want to work for a business in the United States:

  1. Skilled workers are foreign nationals whose jobs demand at least two years of training or work experience. They include graphic designers, commercial artists, and most computer and technical workers.
  1. Professionals hold (at least) a U.S. bachelor’s degree or the equivalent and may have specialized knowledge. The position being filled must demand a bachelor’s degree as the minimum requirement. Professionals include doctors, lawyers, engineers, and teachers.
  1. The third EB-3 subcategory is for general workers – unskilled laborers seeking positions in the U.S. that do not require more than two years of experience or training. General workers include nurse’s aides, nannies, farm workers, and janitors.

What Documents Are Needed for an EB-3 Visa Application?

A number of documents may be needed during the EB-3 visa application process. The particular documents you need will depend on your personal situation. Make and keep copies of all the documents you submit with your visa application, such as:

  1. a job offer or contract between your employer/sponsor and yourself
  2. valid passports for yourself and your dependents
  3. photographs
  4. vaccination records and other medical records
  5. academic and work experience records
  6. criminal records (if any)
  7. significant awards or honors

What is the Labor Certification Process?

EB-3 work visa applicants must have a full-time employment offer from a U.S. employer who will sponsor the applicant for a green card by filing Form I-140 (“Immigrant Petition for Alien Worker”) and by acquiring a labor certification from the U.S. Department of Labor.

EB-3 visas require labor certifications. The labor certification process requires a U.S. employer to prove that no U.S. citizen is available to fill a position and that wages will not be depressed if a foreign worker is hired for less than a U.S. citizen would be paid.

How Do Employers Obtain Labor Certifications?

To obtain an EB-3 labor certification for an open position, a U.S.-based employer must take these steps:

  1. Ensure that the job opening is posted where it will be seen at the workplace for at least ten consecutive days.
  1. Place at least two ads in a newspaper that circulates in the local employment area on two different Sundays.
  1. Submit a job listing to the state’s employment agency.
  1. Seek to fill the position using all of the company’s usual recruitment procedures.
  1. Conduct at least three additional recruitment efforts, such as placing ads on employment websites, recruiting on college and university campuses, and recruiting at job fairs (for professional positions).

What Happens After a Labor Certification is Approved?

If no qualified U.S. citizen applies for the job, the employer may then inform the Department of Labor that no U.S. citizen is available. After a labor certification is granted, the employer may then submit an application – Form I-140 – for the prospective employee’s work visa.

When the labor certification and Form I-140 have been approved, and a visa becomes available, a worker may then apply for a green card. Visa availability is based on a worker’s priority date (the date when the labor certification request was received by the Department of Labor).

The number of EB-3 visas is limited by the Immigration and Nationality Act. No more than seven percent of the EB-3 visas issued each year may go to the foreign nationals of any one country. The annual limit resets on October 1 each year for the new fiscal year.

Can a Visa Holder’s Family Also Obtain Visas?

The spouse and unmarried children (under the age of 21) of an EB-3 work visa holder usually qualify for derivative visas to accompany or join the visa holder in the U.S. Derivative visas offer families an opportunity to stay together while they pursue their goals in the United States.

To obtain derivative visas for family members, an EB-3 visa holder must provide documents to prove that there is a family relationship, such as a copy of the marriage certificate (for spouses) and (for children) copies of long-form birth certificates.

The minor, unmarried children of EB-3 visa holders may attend a school or university in the United States, and spouses may work in any job for any U.S. employer.

How Long Does It Take to Obtain an EB-3 Visa?

Immigration processes have always been slow, but long processing delays are now standard for every type of immigration case and procedure. If you are trying to acquire an EB-3 visa, the first requirement is patience. The process may take two to three years, depending on factors such as:

  1. your country of origin
  2. whether or not you are currently in the United States
  3. the current USCIS (U.S. Citizenship and Immigration Services) workload
  4. the labor certification process
  5. the waiting period for visa availability

In some cases, the labor certification may take more than a year, and the processing time for Form I-140 can take as long as nine months. An Aventura EB-3 visa attorney can ensure that your forms and applications are accurate and complete so that there are no unnecessary delays.

Does an EB-3 Visa Automatically Provide a Green Card?

An EB-3 work visa does not automatically provide the visa holder with a green card, but if you satisfy the requirements for lawful permanent residence, you may apply for a green card immediately upon – or even before – receiving your EB-3 work visa.

To acquire a green card, an EB-3 visa holder files USCIS Form I-485 (“Application to Register Permanent Residence or Adjust Status”). Immigration lawyers may also file Form I-485 for a client while the client’s visa petition is pending or even at the same time the visa petition is filed.

A green card provides you with lawful permanent resident status. Once you acquire a green card, your rights include the automatic right to work with no need to apply for a work permit or to ask an employer to sponsor you. Your other rights when you have a green card include:

  1. eligibility for unemployment benefits
  2. the right to travel freely to and from the United States
  3. the right to pursue U.S. citizenship through the naturalization process

Can EB-3 Visa Holders Change Employers?

It is not unlawful or impossible for you to switch jobs and employers if you hold an EB-3 work visa, but it may be quite complicated. Your new job, for example, must be almost identical to the job that you listed when you first applied for the EB-3 visa.

Furthermore, in some situations, your new employer may have to start the visa application and labor certification process once again.

If you hold an EB-3 work visa, before you decide on any employment changes, the wisest strategy is to consult an experienced visa attorney at the Law Offices Of Carla A. Anzaldi. You can schedule a consultation by calling 754-289-6645.

What If Your EB-3 Application is Rejected?

If your application for an EB-3 work visa is rejected, you will receive a notification that explains the reasons for that rejection. You may then have an option to appeal the denial or to file a motion to reconsider or reopen the decision.

To appeal the denial of an EB-3 work visa, you and your visa attorney may submit Form I-290B (“Notice of Appeal or Motion”) to USCIS. Your appeal must be submitted to USCIS within thirty days of the date of the denial (or 33 days if the denial decision was mailed to you).

The USCIS Administrative Appeals Office tries to complete the appeals process within 180 days of receiving a complete case record. To determine the best course of action if your EB-3 visa application is denied, you should consult a South Florida immigration lawyer without delay.

How Will a Visa Lawyer Help You?

An Aventura EB-3 work visa attorney at the Law Offices Of Carla A. Anzaldi can offer our clients comprehensive support and assistance from the beginning of the EB-3 process. Your Aventura immigration attorney will:

  1. assess your qualifications for the EB-3 work visa
  2. assist you with obtaining your employer’s sponsorship and a labor certification
  3. prepare and submit your EB-3 work visa application on your behalf
  4. guide you through consular processing or through the adjustment of status process
  5. help your family members obtain derivative visas
  6. answer your questions about U.S. immigration laws and address all of your concerns

Meet Immigration Attorney Carla A. Anzaldi

South Florida immigration attorney Carla A. Anzaldi is an active member of the American Immigration Lawyers Association. She attended law school and earned a law degree in 1999 from the Universidad del Salvador in Argentina.

She then attended the University of Miami, where she earned an LL.M. (Master of Laws degree) in Comparative Law in 2005. She has extensive experience in both international law and U.S. immigration law.

If you Qualify, We Will Help You Acquire an EB-3 Visa

The legal team at the Law Offices Of Carla A. Anzaldi is primarily focused on business immigration and those who are seeking to live and work in the United States. We assist and represent immigrants in the greater Miami area and around the globe.

We offer practical solutions and reasonable fees to those who are applying for EB-3 visas. If that’s you, or if you are dealing with any other matter regarding an employment-based visa, schedule a consultation now by calling the Law Offices Of Carla A. Anzaldi at 754-289-6645.