Houston EB-3 Visa Lawyer

If you dream of living and working in the U.S., employer sponsorship could make it possible. The EB-3 visa allows foreign nationals who meet certain requirements to live permanently in the U.S. to perform a job. However, the immigration process involves precise legal requirements that can be difficult to understand without legal guidance. If you are a foreign worker with a job offer from a U.S. employer, an experienced Houston EB-3 Visa lawyer could help you navigate the legal process to secure your employment visa. 

Do not let complicated paperwork get in the way of your immigration dreams. The skilled visa lawyers at J. Lopez Law could help you reach your goals for U.S. employment and permanent residency. Contact us to learn how we could help you obtain your EB-3 visa.

What is the EB-3 Visa?

The EB-3 Visa is an employment-based immigration visa allowing foreign nationals who meet certain qualifications to work and live permanently in the U.S. It is one of five employment-based green card categories. 

Eligibility Requirements

Three different categories of workers may be eligible for an EB-3 visa, including:

  • Skilled workers, or foreign workers with at least two years of work experience
  • Professionals, or foreign nationals with a bachelor’s degree or equivalent (including exceptional skills in arts, sciences, or business)
  • Unskilled workers, or foreign workers performing unskilled labor requiring less than two years of training or experience

Qualified workers must also submit evidence of a permanent full-time job offer from their employer that pays the average salary for the position and experience level.

Employer Requirements

Employers must meet certain requirements to sponsor EB-3 visa workers, such as:

  • Labor certification approved by the Department of Labor (DOL)
  • Proof of a permanent position that requires at least two years of experience, training, or education
  • Agreement to pay the employee the prevailing (average) wage for the job position
  • Submission of an application on behalf of the worker with supporting documents

An employer’s approval from the DOL determines how quickly a worker’s visa can be processed. Only a certain number of EB-3 visas are issued each year, making it important to contact a Houston attorney as soon as possible to evaluate your options.

How Does the EB-3 Visa Process Work?

The EB-3 visa process requires specific documentation from both the employer and the visa applicant. The processing time can range from six months to a few years and involves the following steps.

Employer Labor Certification

U.S. employers must file Form ETA-9089 with the DOL, verifying no qualified U.S. workers are available to perform the job being offered to immigrants.

File an Immigrant Petition 

After receiving labor certification, employers must file Form I-140 on the workers’ behalf. Supporting documentation must be included to show that the employer can pay the prevailing wage. If the employer is to be accompanied by a spouse or minor children, they must also be included in the application. 

Consular Processing

If the employee already resides in the U.S. on a non-immigrant visa, a status adjustment may be possible to change the visa status to permanent residency. Employees outside the U.S. must file a Form DS-260 at a U.S. embassy or consulate in their home country once their priority date becomes current. The employee will have to attend an interview to obtain an EB-3 immigrant visa, which a Houston attorney could help in preparing for.

Contact an Experienced EB-3 Visa Lawyer in Houston for Assistance

Immigration laws and filing an EB-3 application can be overwhelming. An experienced Houston EB-3 visa lawyer could guide you through the process of submitting the correct applications and documentation to help make your immigration journey as smooth as possible. The knowledgeable attorneys at J. Lopez Law could guide you through every step and keep you informed throughout your case. Contact us today to learn how we could help you and your employer with your EB-3 application.