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 professional, skilled, or unskilled labor fields.

The EB-3 category serves as a critical pathway for individuals from around the globe seeking not just employment but long-term residence in the Chicago area and throughout the United States. Navigating the EB-3 process is particularly important for key industries in Chicago, such as its well-known healthcare, engineering, and hospitality sectors, which are constantly in need of qualified foreign talent. These fields contribute significantly to the city’s economic growth while providing valuable opportunities for foreign workers to call Chicago home. Our EB-3 visa lawyers in Chicago understand the intersection of Chicago employers’ needs and EB-3 visa qualifications, and we work diligently to help both employers and employees benefit from this pathway to permanent residency.

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

Trust our EB-3 visa attorney in Chicago for proven immigration guidance. With 15+ years of experience, we help skilled workers succeed. Call (312) 702-1782 today or contact us online!

Key Considerations for EB-3 Visa Applicants & Employers in Chicago

Understanding distinct requirements and local nuances in Chicago is essential for a smooth EB-3 visa process. The U.S. Citizenship & Immigration Services (USCIS) Chicago Field Office frequently handles employment-based immigration cases. Familiarity with how local labor market conditions impact labor certification can offer applicants a notable advantage. For instance, Chicago-based employers must demonstrate there is a shortage of U.S. workers for specific offered roles, which can be assessed differently compared to other regions. Milla & Associates, LLC collaborates closely with local employers and candidates to document company needs and fulfill all Department of Labor and USCIS requirements based on Chicago-area standards.

Employers seeking to sponsor foreign professionals or individuals navigating the EB-3 process in Chicago must understand the local job market’s expectations. Our approach offers customized support, including guidance on collecting proper employment records and wage data relevant to the greater Chicago area. We support industries ranging from tech startups to legacy manufacturing firms, enabling clients to present their strongest application and address challenges unique to Illinois’ employment landscape. This deep local understanding ensures applications comply with all federal rules while meeting the specific needs and evolving trends of Chicago’s business community.

Common Challenges & How Our EB-3 Visa Attorneys Overcome Them

Pursuing an EB-3 visa in Chicago often includes facing complex challenges, such as securing accurate labor certifications and demonstrating that a position cannot be filled by a local U.S. worker. These challenges can be accentuated by fluctuations in Chicago’s workforce and economic shifts in pivotal industries such as healthcare, technology, and logistics. Milla & Associates, LLC diligently monitors adjustments in local Department of Labor requirements and stays well-informed about Chicago employment trends to ensure your application is precise and up-to-date.

We excel at problem-solving throughout each phase, including answering Requests for Evidence (RFEs) from USCIS and assisting clients if additional documentation or clarification is required. Our EB-3 visa attorneys in Chicago educate you on your rights and practical options if you experience delays or encounter issues, such as local policy changes or backlogs at the Chicago USCIS office. This commitment to client advocacy and transparency helps Chicago clients stay confident, informed, and prepared at every stage of the EB-3 process.

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

An EB-3 work visa is a dual-intent immigrant visa, meaning it provides a pathway to both lawful employment and permanent resident (green card) status in the United States. This visa is granted only to individuals who have the continued support of a qualified employer sponsor.

Applicants pursuing an EB-3 visa work closely with a knowledgeable EB-3 visa lawyer in Chicago to navigate the comprehensive USCIS petitioning process. Addressing each step thoroughly with your EB-3 visa lawyer in Chicago is essential to avoiding complications or approval delays.

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

• Obtaining an approved Immigrant Labor Certification: Employer sponsors must first secure a labor certification from the Department of Labor. These certifications confirm: the company’s legitimate need for a foreign worker, the inability to fill the position with local labor, assurance that hiring a foreign worker will not negatively affect working conditions or wage levels in the U.S. job market, and that the employer has met wage requirements and notified relevant parties of the hiring decision.
• Wait for visa availability: Some EB-3 applicants are subject to a waiting period for visa availability. No visa may be immediately available even after an I-140 immigrant petition is approved. This can lead to lengthy wait times for some workers. Using your USCIS-issued priority date, you can track your position relative to other applicants on the State Department visa bulletin.
• File an Immigrant Petition for Alien Worker: After approval of the labor certification and when a visa is available for the candidate’s priority date, employer sponsors must complete and submit Form I-140, Immigrant Petition for Alien Worker. This petition includes labor certification and all pertinent applicant and job information. In some instances, an applicant-employee may file this form independently. USCIS uses this petition to determine if your U.S. job opportunity justifies EB-3 immigrant visa approval.
• Submitting Form I-485 Application: After both I-140 approval and visa availability, the foreign worker may file Form I-485, Application to Register Permanent Residence or Adjust Status, with USCIS. It's critical to check the EB-3 visa bulletin for updates on processing times. You cannot submit your application unless your priority date is current.
• Submitting Form DS-260 Immigrant Visa and Alien Registration Application: If you are outside the United States or do not hold nonimmigrant status, your Immigrant Petition for Alien Worker is forwarded to the National Visa Center for visa allocation. Once your priority date becomes current in the EB-3 visa bulletin, you may submit Form DS-260 to the National Visa Center for further processing.

This finalizes your EB-3 work visa processing. Milla & Associates, LLC ensures your documents are submitted accurately and on time, minimizing the risk of errors that can lead to unnecessary delays or confusion.

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 this, your employer needs to obtain a labor certification from the DOL, proving there are insufficient U.S. workers locally to fill the job, and that employing a foreign worker will not adversely impact local employees or the domestic labor market wages and conditions.

Understanding the differences among these employment categories is essential for applicants and Chicago employers alike. With Chicago’s dynamic professional scene—from the Illinois Medical District to the industrial corridors around O’Hare—knowing whether a job is classified as professional, skilled, or unskilled will inform eligibility and the application approach. Milla & Associates, LLC frequently assists companies of all sizes in Chicago, clarifying how these labor categories can impact recruitment timelines, compliance, and petition strategy. Our detailed guidance helps employers and candidates make informed decisions for success under the EB-3 program.

There are several specific subtypes of qualifying employment under the EB-3 visa program. Skilled workers, professionals, and “other” unskilled workers each have distinct eligibility criteria:

• Professionals: Foreign nationals requiring at least a U.S. bachelor's degree or its equivalent and possessing such qualifications are considered “Members of a Profession.” Eligible EB-3 professional roles in Chicago often include nurses, engineers, architects, medical personnel, academics, and experienced managers.
• Skilled Workers: The Department of Labor defines “Skilled Workers” as foreign nationals with at least two years of training or work experience, not of a temporary or seasonal nature. These are positions requiring job training or formal certification that may not be satisfied with a bachelor’s degree alone, such as roles in nursing or other skilled labor positions where relevant experience is mandatory.
• Unskilled or “Other” Workers: These are applicants needed for roles that require less training or background knowledge and are not temporary or seasonal. Many of these positions support critical sectors in Chicago’s service and logistics industries.

The EB-3 visa application process can be intricate. Milla & Associates, LLC’s EB-3 visa lawyers in Chicago will guide you from pre-filing to post-visa settlement. We also offer corporate compliance services to assist companies that employ shift workers or are navigating business immigration issues in Chicago.

Providing Customized EB-3 Visa Solutions for Over 15 Years

Milla & Associates, LLC is committed to delivering reliable U.S. employment immigration counsel to businesses and prospective residents. From assembling comprehensive EB-3 green card petitions to supporting business formation throughout the country, our firm is dedicated to your immigration journey.

With a longstanding commitment to clients throughout Chicago, our team brings thorough knowledge of local business needs and labor market details, which play a direct role in EB-3 visa petition outcomes. We recognize the expectations of both employers and workers in competitive sectors, such as advanced manufacturing, technology, and healthcare, around Chicago. This insight enables us to provide solutions tailored to the demands of Chicago’s workforce and local regulations. Clients of Milla & Associates, LLC benefit from a comprehensive approach that embraces diversity in the workplace and addresses locally relevant details—from prevailing wage requirements to employer compliance practices in Illinois. Our collaborative approach and local presence also foster strong relationships with organizations and institutions in Chicago, further supporting your immigration goals.

Frequently Asked Questions About the EB-3 Visa Process in Chicago

How long does the EB-3 visa process take in Chicago?

The EB-3 visa process duration in Chicago depends on several factors, including current processing times at the Department of Labor and USCIS, the applicant’s home country, and the availability of immigrant visa numbers. Initial steps, such as labor certification, can take a few months, while I-140 petition approval and visa number allocation may require additional waiting, particularly if there is a backlog for your country category. Local Chicago employers and applicants sometimes experience unique timelines based on high demand for roles in industries like healthcare and engineering. By working with an experienced EB-3 visa lawyer in Chicago, such as those at Milla & Associates, LLC, you can better track your application status and respond efficiently to any requests for evidence or supplemental documents, reducing unnecessary delays.

What documentation is needed for an EB-3 visa application in Illinois?

Applicants and employers in Illinois must collect a range of documents for a complete EB-3 visa application. Required documents often include proof of a permanent job offer, an approved labor certification (PERM), the Form I-140 Immigrant Petition, educational degrees, verification of work experience, and evidence showing the employer can pay the offered wage. Chicago-based applicants may also need to provide local wage surveys, payroll records, and other supporting materials in line with Illinois job market conditions and prevailing wage standards. At Milla & Associates, LLC, we offer tailored document checklists for our clients and review files with attention to both state and federal compliance requirements, minimizing the risk of processing delays or denials.

Can family members join an EB-3 visa holder in Chicago?

Family members of EB-3 visa holders—such as spouses and unmarried children under 21—may be eligible to accompany or join the principal applicant in Chicago. Derivative family members can apply in the appropriate categories (like E34/E35 or EW4/EW5, based on the worker’s EB-3 classification). Each derivative must complete their forms and, at times, attend interviews at the USCIS Chicago Field Office. Chicago offers a diverse array of community resources—including language assistance, educational support, and social services—to help new families transition smoothly. At Milla & Associates, LLC, we guide clients and their family members through each procedural step, offering clear communication and practical support as they settle into life in Illinois.

Our EB-3 visa attorney in Chicago helps you navigate U.S. immigration with 15+ years of experience. Contact us online today or call (312) 702-1782!