Call Pathak and Feldman Immigration Law Firm today at 312-321-4773 to answer your questions and get help to obtain an EB-3 Visa.

Who is Eligible for EB-3 Visas

1. “Skilled workers” whose job requires minimally 2 years of training or work experience and who possess skills in demand in the U.S.
2. “Professionals” whose work roles require at least a U.S. bachelor’s degree or foreign equivalent and who possess skills in demand in the U.S.
3. “Other workers” who perform unskilled labor that does not require 2+ years of training or experience but who possess skills in demand in the U.S.

Those qualifying for EB-3 classification and permanent resident status are not seasonal or temporary workers.

What is the Process to Obtain an EB-3 Green Card Permanent Resident Status?

1. You must first receive an offer of permanent full-time employment in the U.S.
2. Your employer must receive approved Labor Certification (PERM) from the U.S. Department of Labor confirming that your employer sought U.S. workers for your position but was unable to find U.S. candidates who were willing and qualified to perform the work required
3. Your immigration attorney should provide expertise and support, drafting the “job description,” education and experience requirements on the ETA-9089
4. Your immigration attorney will help you/your employer select the correct title for the opportunity, taking into account the available position, salary range, education and experience
5. Your employer will file Form I-140, Petition for Alien Worker on your behalf (this form includes proof – by way of federal income tax return, audited financial statement or annual report – of the ability to pay offered wage)
6. If completed within the United States, the Adjustment of Status “green card” process requires maintenance of continuous nonimmigrant status. USCIS requirements for the adjustment of status process is here. When the U.S. Department of State visa bulletin is “current” for the foreign national’s country and employment-based petition category, we can initiate the adjustment of status process.

Pathak and Feldman can help to obtain an EB-3 Visa.

What to Know About the EB-3 Green Card Process?

• Each year, USCIS grants 40,000 EB-3 green cards with 30,000 reserved for “professional” and “skilled workers”
• Due to the high demand for EB-3 “other worker” green cards, wait times are typically longer for this category, but do not require a bachelor’s degree.
• According to the visa bulletin, the waiting period for employment-based categories can be lengthy and maintenance of non-immigrant status during the waiting period is critical
• If the visa bulletin indicates “current” for the employment-based category, then the petition is eligible for “combined processing” — filing the I-140 petition at the same time as the adjustment of status package, which includes an independent work permit and advance parole travel document
• Spouses of EB-3 visa holders under E34 – spouse of “skilled worker” or “professional” – or EW4 – spouse of “other worker” – status. During the application process, spouses can file for an Employment Authorization Document (EAD)
• E35 or EW5 categories are for children of EB-3 green card holders.

What are Some Processing Times for the EB-3 Green Card?

• 20 CFR 656.17 – PERM recruitment conducted between 30-180 days prior to filing
• USCIS processing times
• U.S. Department of Labor PERM processing times

Helpful Links: 

Employment-Based Immigration Third Preference

Check the U.S. Visa Bulletin for updated processing times

Where to Begin?

As you undertake the tedious and complicated process of obtaining an EB-3 green card permanent resident status, it can be tremendously helpful to receive specialized guidance and assistance.  Based in Southern California since 2009, Pathak & Feldman expanded to serve the Midwest region, with Chicago, Columbus and Indianapolis locations. Contact Pathak and Feldman Immigration Law Firm today on how to obtain an EB-3 Visa.

Call us at 312-321-4773 today to schedule a consultation!