The EB3 visa is an employment-based green card category designed for skilled workers, professionals, and certain unskilled workers who wish to live and work permanently in the United States. While it opens valuable opportunities for foreign nationals and U.S. employers, the process is highly regulated and requires precise documentation at every stage.
Because the system involves strict requirements, filing errors, and lengthy timelines, having legal guidance is often essential. An experienced EB3 visa lawyer plays a crucial role in guiding applicants through the process, addressing potential issues, and significantly improving approval chances. In this article, we’ll explain what the EB-3 visa is, who qualifies, and why having a lawyer is essential to navigating the process successfully.
What Is the EB3 Visa?
The EB3 visa is a U.S. employment-based immigrant visa that allows foreign nationals to obtain lawful permanent residency through employer sponsorship. It is divided into three eligibility categories:
- Skilled workers – Individuals with at least two years of job experience or specialized training.
- Professionals – Applicants holding a U.S. bachelor’s degree or its foreign equivalent.
- Other workers (unskilled labor) – Individuals performing jobs that require less than two years of training or experience, provided qualified U.S. workers are not available.
The EB3 visa benefits applicants by granting permanent residency, the ability to work for a U.S. employer, and the opportunity to include family members (spouse and unmarried children under 21) in the application. For many, it becomes a pathway to long-term career growth and eventual U.S. citizenship.
Related: What to Ask Before Hiring an Immigration Lawyer?
Why Hire an EB3 Visa Lawyer?
The EB3 process involves multiple stages, including labor certification, employer sponsorship, and adjustment of status or consular processing. Each step requires accuracy, timeliness, and compliance with U.S. immigration laws. A dedicated EB3 visa lawyer helps by:
- Navigating complex immigration laws – Understanding shifting regulations and ensuring the case complies with current legal standards.
- Preparing accurate documentation and petitions – Drafting and reviewing forms such as PERM, I-140, and supporting evidence to prevent costly mistakes.
- Avoiding delays and denials – Addressing potential issues early, responding to Requests for Evidence (RFEs), and minimizing risks of rejection.
- Representation during interviews and correspondence with USCIS – Acting as a legal advocate to communicate with immigration authorities and represent the applicant’s best interests.
By working with a knowledgeable EB3 visa lawyer, applicants and employers can reduce uncertainty and increase the likelihood of a smooth and successful immigration process.
Services an EB-3 Visa Lawyer Provides
Hiring an EB-3 visa lawyer goes beyond filling out paperwork. These professionals provide tailored guidance to ensure your case has the highest chance of success. Here are the key services they offer:
Case Evaluation and Eligibility Assessment
An immigration lawyer will first review your background, education, and work experience to confirm whether you qualify under the Skilled Worker, Professional, or Other Worker category. This early evaluation saves time and prevents unnecessary filings.
PERM Labor Certification Guidance
The Program Electronic Review Management (PERM) process, required for most EB-3 applicants, can be one of the most challenging steps. A lawyer assists employers with:
- Drafting accurate job descriptions.
- Meeting advertising and recruitment requirements.
- Submitting the PERM application properly to the Department of Labor (DOL).
Filing Form I-140 (Immigrant Petition for Alien Worker)
Once labor certification is approved, your attorney will prepare and submit Form I-140 to USCIS, proving that you meet EB-3 requirements and that your employer can pay the offered wage.
Adjustment of Status vs. Consular Processing
Depending on whether you are already in the U.S. or abroad, you’ll go through either:
- Adjustment of Status (AOS): Applying for a green card while staying in the U.S.
- Consular Processing: Completing your application at a U.S. embassy or consulate abroad.
Your lawyer helps determine the best option and ensures all forms and supporting evidence are properly filed.
Handling RFEs (Requests for Evidence) and Appeals
If USCIS or another agency requests more information, your lawyer will draft a detailed response with supporting documents. In case of denials, they can file appeals or motions to reopen the case.
Read More: Tips For Achieving Success As A New Lawyer
EB3 Visa Application Process
Applying for an EB3 visa involves several important steps, each requiring accuracy and careful planning. Here’s a step-by-step overview:
- Labor Certification (PERM) – The U.S. employer must first obtain approval from the Department of Labor by proving that no qualified U.S. workers are available for the position. This step is often lengthy and highly detailed.
- Employer Sponsorship (Form I-140) – After PERM approval, the employer files Form I-140 (Immigrant Petition for Alien Worker) with USCIS to sponsor the foreign worker. Premium processing may be available at this stage.
- Adjustment of Status or Consular Processing – Once the priority date becomes current, the applicant can either adjust status (if already in the U.S.) or go through consular processing at a U.S. embassy abroad to obtain permanent residency.
Common challenges at each stage include recruitment errors during PERM, insufficient evidence for I-140 petitions, and delays due to visa backlogs or Requests for Evidence (RFEs).
How a lawyer streamlines the process: An EB3 visa lawyer ensures compliance at every step, prepares strong documentation, tracks priority dates, and handles USCIS or consulate communications. This guidance minimizes risks and keeps the process moving as smoothly as possible.
Cost of Hiring an EB3 Visa Lawyer
The cost of hiring an EB3 visa lawyer varies depending on the complexity of the case, the lawyer’s experience, and geographic location.
- Typical fee ranges – Legal fees often range from $3,000 to $8,000 or more, excluding government filing fees.
- Factors that affect cost – Case complexity, additional RFEs, appeals, or employer compliance issues can increase overall expenses. Well-established law firms with proven track records may charge higher fees due to expertise and demand.
- Value of professional legal support vs. risks of DIY applications – While the upfront cost may seem significant, working with an experienced lawyer helps prevent mistakes that could lead to costly delays, denials, or permanent ineligibility. In most cases, professional support offers far greater value than attempting the process alone.
Read More: Travel Resorts of America Lawsuit
How to Choose the Right EB3 Visa Lawyer
Selecting the right EB3 visa lawyer is one of the most important steps in ensuring a successful application. Consider these factors:
- Credentials and experience in employment-based immigration – Look for a licensed attorney with specific experience in EB3 and employment-based green card cases.
- Track record of successful EB3 cases – A lawyer with a history of positive outcomes is better equipped to handle complex petitions.
- Client reviews and testimonials – Feedback from past clients provides insight into the lawyer’s reliability, professionalism, and success rate.
- Accessibility, communication, and transparency in fees – Choose a lawyer who is responsive, clear in explaining legal options, and upfront about costs to avoid unexpected surprises.
A trustworthy EB3 visa lawyer not only handles paperwork but also acts as a long-term advisor throughout the immigration journey.
Success Stories & Case Studies
Many applicants achieve their dream of U.S. residency thanks to skilled EB-3 visa lawyers. For example, a professional worker from Asia faced multiple RFEs due to a mismatched degree equivalency and employment experience. With an attorney’s guidance, the applicant secured the necessary credential evaluations, responded effectively to USCIS inquiries, and successfully obtained permanent residency.
Another case involved an unskilled worker whose employer struggled with the PERM process. The lawyer managed recruitment documentation, corrected errors in the filing, and ultimately gained labor certification approval. These examples highlight how legal expertise can turn potential setbacks into successful outcomes.
Read Also: The C.W. Park USC Lawsuit
Frequently Asked Questions (FAQs)
How long does the EB3 visa process take?
The EB3 visa timeline can vary depending on the applicant’s country of origin, visa backlog, and USCIS processing times. On average, it may take 1 to 3 years, but cases from oversubscribed countries can take longer.
Can family members (spouse and children) be included?
Yes. Spouses and unmarried children under the age of 21 can be included in the EB3 visa application. They may also qualify for work and study benefits while awaiting green cards.
What happens if my employer withdraws sponsorship?
If an employer withdraws their sponsorship before approval, the petition may be canceled. However, in certain cases, applicants may be able to transfer sponsorship to a new employer with proper legal guidance.
Is premium processing available for EB3 visas?
Yes, premium processing is available for the I-140 Immigrant Petition under the EB3 category. It allows faster adjudication, usually within 15 calendar days, but it does not shorten the overall green card process.
Can I switch employers after obtaining an EB3 visa?
Yes. Once you have obtained permanent residency through an EB3 visa, you are not legally bound to your sponsoring employer indefinitely. However, it is generally recommended to remain with the sponsor for a reasonable period to show good faith compliance.
Conclusion
The EB3 visa offers a valuable pathway to permanent residency in the United States for skilled workers, professionals, and unskilled laborers. However, the process involves multiple stages, strict regulations, and detailed documentation, making legal guidance essential. An experienced EB3 visa lawyer helps applicants and employers navigate the system efficiently, avoid costly mistakes, and improve the likelihood of success.
If you are considering applying for an EB3 visa, don’t face the process alone. Schedule a free consultation with an EB3 visa lawyer today to begin your journey toward U.S. permanent residency.
