Coleman Jackson, P.C. | Transcript of Legal Thoughts
Published November 14, 2022
Overview:
Legal Thoughts is an audiocast presentation by Coleman Jackson, P.C., a law firm based in Dallas, Texas serving individuals, businesses, and agencies from around the world in taxation, contract litigation, and immigration legal matters.
This episode of Legal Thoughts is an audiocast where the Attorney, Coleman Jackson is being interviewed by Alexis Brewer, Legal Assistant of Coleman Jackson, P.C. The topic of discussion is: “How to Obtain an Eb-3 Visa?”
You can listen to this podcast by clicking here:
https://anchor.fm/coleman-jackson/episodes/HOW-TO-OBTAIN-AN-EB-3-VISA-e1oihn3
If you enjoy this podcast, make sure to stay tuned for more episodes from the taxation, litigation, and immigration Law Firm of Coleman Jackson, P.C. Be sure to subscribe. Visit the taxation, litigation and immigration law firm of Coleman Jackson, P.C. online at www.cjacksonlaw.com.
TRANSCRIPT:
ATTORNEY: Coleman Jackson
LEGAL THOUGHTS
COLEMAN JACKSON, ATTORNEY & COUNSELOR AT LAW
ATTORNEY: Coleman Jackson
Welcome to Legal Thoughts
My name is Coleman Jackson and I am an attorney at Coleman Jackson, P.C., a taxation, contract litigation and immigration law firm based in Dallas, Texas.
In addition to myself, we have Alexis Brewer – Tax Legal Assistant, Leiliane Godeiro – Litigation Legal Assistant, and Johanna Powell – Tax Legal Assistant.
On today’s “Legal Thoughts” podcast, our Tax Legal Assistant, Alexis Brewer, will be interviewing me on the important topic of: “How to Obtain an Eb-3 Visa?”
INTERVIEWER: Alexis Brewer, Tax Legal Assistant
Hi everyone, my name is Alexis Brewer and I am a Legal Assistant at the tax, contract litigation and immigration law firm of Coleman Jackson, Professional Corporation. Our law firm is located at 6060 North Central Expressway, Suite 620, right here in Dallas, Texas.
Good afternoon, Attorney; thank you for agreeing to sit with me as I interview you with respect to EB-3 visas. Let’s jump right in –
Question 1: What is an EB-3 Visa?
Attorney Answer – Question 1:
Hello Alexis.
An EB-3 Visa a third preference business visa for immigrants who are skilled workers, professionals, or other workers who want to live and work in the United States. Let me explain this visa category.
USCIS considers a person a “skilled worker” if they have a job that requires a minimum of 2 years of training, or experience. In other words, the job is not temporary or seasonal. USCIS considers a worker a “professional” if their job requires a U.S. baccalaureate degree or a foreign equivalent. Lastly, the “other worker” category is for people who work in unskilled labor that require less than 2 years of training but are not temporary or seasonal jobs.
INTERVIEWER: Alexis Brewer, Tax Legal Assistant
Question 2: Well attorney, what are the requirements for an EB-3 Visa?
Attorney Answer – Question 2:
Whether you are applying for an EB-3 Visa under the skilled worker, professional, or unskilled worker subcategories, you are required to present a labor certification AND show proof of a permanent full-time job offer.
The labor certification must be approved by the Department of Labor by the employer filing Form ETA-9089.
Additionally, an employer must file Form I-140 Petition for Alien Worker on behalf of the applicant. The employer must be able to demonstrate an ability to pay through annual reports, federal income tax returns, etc. Lastly, an employer must obtain the labor certification form to show that there are no Americans who are willing or qualified to fill the position.
INTERVIEWER: Alexis Brewer, Tax Legal Assistant
Question 3: Can EB-3 visa-holders bring family members through on their EB-3 Visa?
Attorney Answer – Question 3:
Yes, Alexis. As an EB-3 Visa recipient you can bring immediate family members with you to the United States on a separate petition. For EB-3 purposes, an immediate family member includes a spouse, and any dependent children who are under 21.
Children are able to attend school and a spouse may complete an Employment Authorization Document or obtain a green card to work. More specifically, a legal spouse of an EB-3 recipient under the “skilled worker” or “professional subcategory” can apply for an E-34 visa. If the EB-3 recipient is under the “other worker” subcategory then their spouse can apply for an EW-4 visa.
INTERVIEWER: Alexis Brewer, Tax Legal Assistant
Question 4: Can an EB-3 Visa lead to a Green Card?
Attorney Answer – Question 4:
This is a great question –
A significant benefit of obtaining an EB-3 visa is that it provides a recipient with a green card. In the EB-3 context, an employer is the petitioner, and the immigrant applicant is the beneficiary.
Green cards provide a multitude of benefits including providing permanent residence in the United States, allows a permanent resident to have flexibility in travel, and provide a path to citizenship.
Also, as I mentioned previously, an EB-3 visa holder can apply for their spouse and children (unmarried and under 21 years of age) to obtain permanent residence visas as well.
INTERVIEWER: Alexis Brewer, Tax Legal Assistant
Question 5: What are typical processing times for an EB-3 Visa?
Attorney Answer – Question 5:
Processing times can vary depending on a variety of factors including, the time of year you are submitting your application, what country you are applying from, and if you have applied for premium processing.
An application may take from a few months up to 4 years. Additionally, if considering the timeline of an EB-3 visa, you must remember that the employer has to obtain a labor certification which will take time since it needs to be approved by the U.S. Department of Labor. Aspiring immigrants who desire to live and work in the United States should keep looking up and not be discouraged by the process; the EB-3 Visa is a permanent visa that creates a clear path to U.S. citizenship for qualified foreigners desiring to immigrate to the U.S.
INTERVIEWER: Alexis Brewer, Tax Legal Assistant
Question 6: Attorney, you mentioned premium processing. What is premium processing and is it available for EB-3 Visas?
Attorney Answer – Question 6:
Well Alexis, Premium processing allows for expedited processing of your EB-3 visa for an additional fee.
Premium processing is currently available for EB-3 Visas. The current fee for premium processing is $2,500 and it allows you to request faster processing for your I-140 petition. USCIS states that in requesting premium processing they estimate that your petition will be processed in about 15 calendar days. This fee is in addition to the filing fee for your I-140 petition.
INTERVIEWER: Alexis Brewer, Tax Legal Assistant
Attorney, my final question –
Question 7: Are there any annual caps or limits on EB-3 Visas?
Attorney Answer – Question 7:
In fact, there is an annual limit on EB-3 visas.
USCIS allocates a total of 40,040 visas each year in this category. Once this number is met, any remaining petitions are put aside until the next fiscal year. Processing times can be affected by this yearly cap which is why if you are thinking of applying for an EB-3 Visa, this is something to consider early on in the process.
Interviewer Wrap-Up
Attorney, thank you for this clear and very important presentation on the process and benefits of an EB-3 Visa. Many American business owners looking for skilled workers, professionals and even unskilled workers are likely to find this information very useful. For now, thanks for sitting with me today and answering my questions concerning what we think our listeners should know and consider when obtaining an EB-3 Visa.
To our listeners who want to hear more podcast like this one please subscribe to our Legal Thoughts Podcast on Apple Podcast, Google Podcast, Spotify or where ever you listen to your podcast. Take care, everyone! And come back in about two weeks, for more taxation, litigation and immigration Legal Thoughts from Coleman Jackson, P.C., located right here in Dallas, Texas at 6060 North Central Expressway, Suite 620, Dallas, Texas 75206.
English callers: 214-599-0431 | Spanish callers: 214-599-0432 |Portuguese callers: 214-272-3100
Attorney Closing Remarks
This is the end of today’s Legal Thoughts!
Thank you all for giving us the opportunity to inform you about: “How to obtain an EB-3 Visa?”
If you want to see or hear more taxation, litigation and immigration LEGAL THOUGHTS from Coleman Jackson, P.C. Subscribe to our Legal Thoughts Podcast on Apple Podcast, Google Podcast, Spotify or wherever you listen to your podcast.
Stay tuned! We are here in Dallas, Texas and want to inform, educate and encourage our communities on topics dealing with taxation, litigation and immigration. Until next time, take care.
