The third preference (EB-3) visa is the highest number of immigrant visas given that are employment-based. This visa is similar to other immigrant employment-based visas that provide a direct path towards permanent residency or a green card. The individual’s families included in the application for an EB-3 also have the opportunity to get a green card. Of course, your chances become more significant when you file correctly, which can include a lawyer for third preference (EB-3) to do the filing for you.
For the best chance at obtaining an EB-3 visa, you should seek an attorney for third preference (EB-3) who has experience with employment-based immigration applications. Our attorneys have years of expertise in the immigration law area. Speak to your future employer about speaking to one of our attorneys for a consultation. The immigration process can be a long one, and you need to make sure you have all the necessary documents in order. Contact The Gonzalez Law Group today to learn how we can help.
Overview of Third Preference (EB-3)
What is Third Preference (EB-3)?
The third preference (EB-3) visa is one that is separated between three categories, those that are skilled workers, professionals, or other workers. As mentioned by the U.S Citizenship and Immigration Services (USCIS), the skilled workers’ category is defined by the following:
- Having at least two years of job experience or training
- Performing work for which qualified workers are not available in the United States
To meet the professional’s category for an EB-3 application, you have to meet the following requirements according to USCIS:
- Possess a U.S baccalaureate degree or foreign degree equivalent
- Show that a baccalaureate degree is the standard requirement for entry into the occupation
- Performing work for which qualified workers are not available in the United States
Unskilled workers or other workers have to demonstrate the following in their application, according to USCIS:
- Be capable (at the time the petition is filed) to perform the unskilled labor (which requires less than two years of training or experience), that is not temporary or seasonal, for which qualified workers are not available in the United States.
Third Preference (EB-3) Process
To be able to file for an EB-2 through the skilled workers’ category, professionals category, or unskilled workers (other workers) category, you must submit a labor certification. The labor certification is meant to show that the work you are coming to do is work that cannot be performed by workers already living inside the United States. You also have to have a full-time job offer from an employer inside the United States. The process can be daunting for applicants and their sponsors; that is why we recommend hiring a lawyer for third preference (EB-3) to help you along the process.
The form used for an EB-3 application is the same one that used for all immigrant employment-based visas. You and your sponsoring employer must fill out an I-140 form along with an approved labor certification to USCIS. Your sponsoring employer must also show that he can pay you the offered wage within the application. He or she can submit a federal income tax return as proof or other financial supporting document as proof of ability to pay. If you have a spouse or children (under 21 and unmarried) who you plan to accompany you in your life inside the United States, you must also include them inside your application. Once you’re actively inside the EB-3 visa process, your spouse and children (under 21 and unmarried) can receive a work authorization document to get admitted to the U.S under your employment-based petition.
Additional Resources
Visa Bulletin Page – The visa bulletin page is an essential page for any person going through the immigration process. If you’re filing a third preference (EB-3) application, you need to be aware of the priority dates for your location to know when you can submit your application or expect to receive the actual visa.
Center for Career Transformation in Houston – This page is dedicated to providing help for both immigrant students and workers who come to Houston. There are resources on ESL classes, as well as other resources that motivate individuals to succeed in their careers. The resources are available for everyone regardless of social, economic, ethnic, or education level.
Contact a Houston, TX Immigration Attorney
The process for filing a third preference (EB-3) application can be long and overwhelming, that is why it’s essential to make sure you have a robust legal team confident in immigration law to aid in submitting the petition. If you have an employer ready with a job offer or you’re the employer prepared to bring your potential employer into the United States, you need to begin the process now.
At The Gonzalez Law Group, our team is filled with professional immigration attorneys who have years of experience working with employment-based visa applicants. We know the immigration process is a long one, and we want to be there every step of the way to answer questions and reassure outcomes. When you come into our office, you know you’ll be in good hands. Communication is a top priority for us, and we never want to leave you in the dark.
Contact our office in Houston for a free consultation at (832) 530-4070. Our immigration team at The Gonzalez Law Group works with clients near Harris County, Fort Bend County, Brazoria County, Montgomery County, Waller County, Galveston County, and many more.
