EB-3 Visa Archives - Tax, Litigation, Immigration Law Blog

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.

By: Coleman Jackson, Attorney
Date: October 11, 2022

ELEGIBILITY
SKILLED WORKERS	PROFESSIONALS	UNSKILLED WORKERS
Worker must have 2 years of job experience or training	Worker must have US bachelor’s degree (or its foreign degree) related to the occupation	Worker must be able to perform unskilled labor (less than 2 years of training or experience)
Not temporary	Qualified workers are not available in USA	Not temporary
Post-secondary education may be considered as training	Labor certification	Qualified workers are not available in USA
Qualified workers are not available in USA	Full-time job offer	Labor certification
Labor certification		Full-time job offer
Full-time job offer

EB-3 Skilled workers, entry-level professionals and unskilled workers visa is the third preference business visa as described in Immigration and Nationality Act (INA). Employers who desire to bring foreign workers to the United States under this category of visa must first obtain a labor certification from the United States Department of Labor (DOL) stating that they cannot find any qualified, willing and able U.S. citizens or green card holders to do the job. The second step an employer must take is to file Form I-140 with United States Citizenship & Immigration Services (USCIS) if the labor certification is approved. Employers bringing in professional nurses and physical therapist are exempt from obtaining DOL labor certification.

Finally, the third step a sponsoring employer must take: Upon approval of the preliminary petition by USCIS, the employer must notify the intending worker to apply for an EB-3 visa at the counselor’s office or, in the event the intended worker is already lawfully inside the United States and is eligible to adjust status, the worker must file Form I-485 to adjust status to permanent resident of the United States. The EB-3 visa is a permanent visa and can ultimately lead to naturalization.

Step by Step to EB-3 Skilled Worker, Professional and Unskilled Worker’s Visa

Step 1. OBTAIN THE PERMANENT LABOR CERTIFICATION:

This certification allows the employer to hire a foreign worker to work permanently in the United States. The Department of Labor must certify to USCIS that there are not sufficient U.S. workers able, willing, qualified and available to accept the job opportunity in the area of intended employment and that employment of the foreign worker will not adversely affect the wages and working conditions of similarly employed U.S. workers.

APPLICATION FOR PERMANENT EMPLOYMENT CERTIFICATION is filed with the U.S. Department of Labor on – ETA Form 9089
Approval validity is 180 days
Denied certification means You are done. You cannot lawfully hire the worker(s).

Exception to DOL Labor Certification:

SCHEDULE A OCCUPATIONS (DOL has pre-certified the following occupations, which means that the certification form is sent to USCIS rather than to DOL.)

Group I – physical therapists and professional nurses; and
Group II – immigrants of exceptional ability in the sciences or arts, including college and university teachers, and immigrants of exceptional ability in the performing arts.

Step 2. FILE A PRELIIMINARY PETITION FOR PERMANENT FOREIGN WORKER WITH USCIS:

Employer Due Diligence: Obtain competent counsel, if you have not already done so since legal matters are rarely as simple as they may seem. This blog is written in simple terms to attempt to communicate to a broad audience.

Read the instructions for Form I-140, Immigrant Petition for Alien Workers;
Obtain an approved Application for Permanent Labor Certification from the U.S. Department of Labor (DOL), if required for the specific visa category;
Complete and sign Form I-140;
Pay the filing fee, if applicable;
Provide all required evidence and supporting documentation; and

File all appropriate forms and evidence with the appropriate office of USCIS. Currently, the regular USCIS filing fee for Form I-140 is $700 and the current premium processing fee is $2,500.

Step 3. WAIT PATIENTLY FOR PROCESSING:

CATEGORY AND PROCESSING TIMES

CATEGORY AND PROCESSING TIMES
CATEGORY	NEBRASKA	TEXAS
Schedule A Nurses	14 months	14 months
Skilled Worker (E31)	17 months	17.5 months
Professional Workers (E32)	17 months	17.5 months
Unskilled Worker or Other Worker (EW3)	12.5 months	17 months

Note: USCIS processing times varies and may be more or less than these processing times for the EB-3 Visa currently. There are many factors that could impact processing times and therefore work force and company overall human resource planning is required.

Finally, EB-3 workers may separately file petitions for their spouse and children who are under 21 years of age and unmarried. Their children can enroll in American schools and their spouse can apply for a work permit.

The main thing to see here is that although the EB-3 skilled worker, professional and unskilled worker’s visa may take awhile to get, it is a clear path to see opportunities for hardworking foreign workers ranging from those working in the professions to those with some skills to those working on jobs that require little to know formal schooling and training at all. All can begin again and make new lives in the United States since this visa leads to permanent residency.

This law blog is written by the Taxation | Litigation | Immigration Law Firm of Coleman Jackson, P.C. for educational purposes; it does not create an attorney-client relationship between this law firm and its reader. You should consult with legal counsel in your geographical area with respect to any legal issues impacting you, your family or business.

Coleman Jackson, P.C. | Taxation, Litigation, Immigration Law Firm | English (214) 599-0431 | Spanish (214) 599-0432 | Portuguese (214) 272-3100

Tax, Litigation, Immigration Law Blog

Tag Archives: EB-3 Visa

How to Obtain an EB-3 Visa?

EB-3 Visa For Skilled Workers, Unskilled Workers and Professional Workers

Step by Step to EB-3 Skilled Worker, Professional and Unskilled Worker’s Visa

Step 1. OBTAIN THE PERMANENT LABOR CERTIFICATION:

Step 2. FILE A PRELIIMINARY PETITION FOR PERMANENT FOREIGN WORKER WITH USCIS:

Step 3. WAIT PATIENTLY FOR PROCESSING: