Chicago EB-3 Visa Attorneys

Permanently Moving to the United States with Employment-Based Immigration

The EB-3 visa program is a United States immigrant program that offers permanent residency to foreign nationals possessing relevant skills in the fields of either professional or unskilled labor.

Depending on the Department of Labor’s classification of these skills and how they will impact the American labor market, workers may fall under one of the three different eligibility categories included with the EB-3 visa.

If you are interested in using an employment-based visa to transition to permanent residency, contact an EB-3 immigration attorney in Chicago with the experience and resources to help you accomplish your goals. Milla & Associates has over 15 years of experience helping clients navigate complex U.S. immigration law with ease and efficiency. Call us today at (312) 702-1782 for award-winning counsel!

5 Important Steps Required for Applying for an EB-3 Visa

An EB-3 work visa is a dual intent immigrant work visa, meaning it represents a path to a green card and permanent residence in the United States. For this reason, it is issued only to individuals with support from family, a long-term employer sponsor.

Applicants qualifying under this visa must also go through a USCIS petitioning process. There are several steps to this process, all of which you will want to address in full with an EB-3 visa lawyer to avoid complications or delays in approval.

5 important steps to petitioning for an EB-3 visa include:

• Obtaining an approved Immigrant Labor Certification: Potential employer sponsors must first obtain a labor certification from the Department of Labor. These certifications confirm the following: That there is a company need for a foreign worker, that local labor cannot fill this capacity without exceptions, that the foreign worker’s hirings will not impact working conditions or wage levels in the U.S. job market, and that the employer has offered the prevailing wage and provided sufficient notice of hiring the foreign worker.
• Wait for visa availability: Some EB-3 candidates could be subject to a waiting list for visa availability. This means that no visa will be immediately available even once the I-140 immigrant petition is approved. This can mean long waits in some cases for workers to continue the EB-3 visa process. Using your priority date, as issued by the U.S. Citizenship and Immigration Services, you will be able to check the list of applicants currently receiving visas and determine your place in line.
• File an Immigrant Petition for Alien Worker: Once an ILC is approved and a visa is available for the EB-3 candidate’s priority date, employer sponsors must complete and submit an Immigrant Petition for Alien Worker (Form I-140). This document compiles all information regarding the applicant, including the labor certification – your employer filing this form on your behalf. In other cases, the applicant-employee fills out and files this form. It is considered by USCIS and determines whether the opportunity you have in U.S. employment is sufficient to warrant approval of an EB-3 immigrant petition.
• Submitting Form I-485 Application: Once you have an approved I-140 petition and a visa is available to you, you, the foreign worker, can now file an application for an adjustment of your immigration status with the USCIS. This is done with the Application to Adjust Status (Form I-485). It is also important to check the EB-3 visa bulletin for updates regarding adjustment status processing times at this stage. You may not submit your name if this date is not current.
• Submitting Form DS-260 Immigrant Visa and Alien Registration Application:If you are not in the United States with nonimmigrant status, your Immigrant Petition for Alien Worker will be sent to the National Visa Centre to await visa availability. Once your date of priority arrives in the EB-3 visa bulletin, you may submit USCIS Form DS-260 to the National Visa Centre.

This finalizes your EB-3 visa processing, and Milla & Associates, LLC will assist you in making sure that no mistakes or errors in documentation cause you unnecessary delay or confusion in the completion of the process.

What Types of Labor Can Be Used to Qualify for the EB-3 Visa?

Once you qualify for an EB-3 visa, the Department of Labor will require your employer to file an I-140 immigrant petition on your behalf. Before that happens, your employer will first need to obtain a labor certification from the DOL. This certification must prove that there are not enough workers locally to satisfy the job’s needs, while your employment in it will not have a negative impact on other employees or the domestic labor market in terms of working conditions or wage level.

There are several specific subtypes of applicable skilled labor that can qualify employers and applicants for EB-3 visas. Skilled workers, professionals, and “other” unskilled workers all have eligibility classifications under the program:

• Professionals: Foreign nationals who will require at least a U.S. bachelor’s degree or equivalent higher and have obtained such qualification in their host country, are thus “Members of a Profession,” are eligible to obtain an EB-3 visa for disciplinarians or specific skills required by the United States economy. Professions that commonly fall under this eligibility include academics, medical personnel, architects, engineers, and successful management personnel.
• Skilled Workers: The Department of Labor classifies a “Skilled Worker” as foreign nationals with over two years or equivalent experience working in either said profession or skilled work capacity. The worker’s skills must not be problematic in relation to the U.S. labor market. These are jobs that typically require job training or some other certification which may not be satisfied solely by carrying a bachelor’s- or apprenticeship-level academics. These positions may be in the nursing industry or other skilled labor roles requiring a minimum of two years of experience before an applicant is even considered.
• Unskilled or “Other” Workers: These are identified workers who may be needed in unskilled work capacities (as in, they require less training or background understanding to work these positions) and meet ]]>

  The EB-3 visa application process may seem intricate, but Milla & Associates, LLC lawyers will be with you from the pre-filing of the process to the post-visa settlement. We offer corporate compliance services as well in order to offer advice for companies considering the welfare of shift-workers looking to transition to America.

  Providing Customized EB-3 Visa Solutions for Over 15 Years

  Milla & Associates, LLC is focused on providing trusted U.S. employment immigration counsel to firms and prospective residents from putting together qualified EB-3 green card petitions to establishing business entities throughout the country.

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  Contact Milla & Associates, LLC today for a confidential review with an experienced EB-3 immigration lawyer in Chicago, Illinois. Our staff is fluent in English, Spanish, Russian, and Ukrainian. L-1 visas also known as intra-company transfer visas and H-1 visas are a few additional services we provide.

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