Immigration & Criminal Defense Attorneys


Third Category of Employment-Based Immigration Visas

Whereas the eligibility criteria for the first two categories of employment-based visas are quite lofty, the same is not true of the EB-3 immigration visa. While standards are slightly lower for the EB-3, enabling many people throughout the world to apply for an immigrant visa without being able to demonstrate that they possess extraordinary ability, advanced degrees or similar accomplishments, t obtaining an EB-3 visa is not easy. On the contrary, the demand for this type of visa is enormous, and there is typically a considerable backlog of approved applications that have not yet been issued a visa. For this reason, it is crucial to avoid errors that could result in the application being unnecessarily delayed or wrongfully denied. Come to Keen Law Offices, LLC for help from a team of Salt Lake City immigration lawyers with more than a decade of experience getting results in the U.S. immigration legal system.

Labor Certification and Sponsorship Petition for EB-3 Immigrant Visas

The first step in the process of applying for an EB-3 immigrant visa is for the prospective employer in the U.S. to request labor certification. Before U.S. Citizenship and Immigration Services (USCIS) will even review the case, the employer must have supplied evidence to the Department of Labor that local workers will not be deprived of jobs by the fact that the employer is hiring a foreign worker and that the employment of foreign nationals will not cause wages in the local economy to be depressed. Once the employer has received labor certification, it must then submit a Form I-140, Immigrant Petition for Alien Worker to USCIS along with evidence that it is making a job offer to the foreign worker and is capable of paying wages for the position.

Who can immigrate with the EB-3 visa?

Only after the Form I-140 petition has been approved may the foreign worker then submit an application for the EB-3 visa through the nearest U.S. Embassy or Consulate. To qualify for the EB-3 visa, the worker must be able to supply evidence that he or she fits into one of the three subcategories. The first is for skilled workers whose jobs require at least two years of training or on-the-job experience. The second category consists of professionals who are members of the profession or industries and whose work requires at least a bachelor’s degree.

The third category, which receives the fewest of the available visas in any given year, is for unskilled workers, which is defined as a worker whose job requires less than two years of experience but is neither temporary nor seasonal. An attorney from our team can assist both the employer and prospective employee with the entire process, from gathering the necessary documentation and preparing the petition and application to intervening with officials to resolve complications that arise. Contact our office now to learn more about what to expect and to take the first steps.