EB-3 Visa Lawyer in Austin, TX

What Is an EB-3 Visa

The EB-3 visa is a U.S. employment-based green card category for foreign nationals who have a permanent job offer from a qualifying employer. This visa is often used by companies that need to retain reliable workers in long-term positions and by employees who want to transition from job sponsorship to lawful permanent residence. USCIS identifies EB-3 as the third-preference employment-based category for skilled workers, professionals, and other workers.

EB-3 may be worth considering because:

• It leads to a green card: EB-3 is not a short-term work visa. It is part of the employment-based permanent residence system.
• It covers a wide range of jobs: This category may work for degree-based roles, experienced trade or technical positions, and some permanent jobs with lower experience requirements.
• It gives employers a retention tool: A business may use EB-3 sponsorship to support a worker it wants to keep in a permanent position.
• It may fit when higher categories do not: Not every worker qualifies for EB-1 or EB-2. EB-3 can still provide a lawful employment-based path for the right job and worker.
• It can support family immigration: A spouse and unmarried children under 21 may be able to move forward with the principal worker when the case reaches the final green card stage.

Most EB-3 cases need PERM labor certification before the employer can file Form I-140 with USCIS.

The job description, wage level, recruitment, labor certification, and I-140 petition need to tell the same story. Our Austin EB-3 visa lawyers help employers and workers prepare that record with care before the case reaches the government.

Who Qualifies for an EB-3 Visa

To qualify for an EB-3 visa, the U.S. employer, the job, and the worker must all meet the requirements for the selected EB-3 category.

For the Position

The job must be permanent and full-time. It must also fit one of the EB-3 classifications:

• Skilled worker position: The job requires at least two years of training or experience. This may apply to technical trades, healthcare support, manufacturing, construction, culinary work, or other roles where experience is a minimum requirement.
• Professional position: The job requires at least a U.S. bachelor’s degree or foreign equivalent. These cases often involve technology, engineering, accounting, business, healthcare, education, or technical services.
• Other worker position: The job requires less than two years of training or experience, but must still be permanent and non-seasonal.This category may apply to roles in food service, housekeeping, production, care support, general labor, hospitality, or similar positions.

For the Worker

The worker must demonstrate that they meet the requirements listed for the position being offered. That proof may include education records, transcripts, credential evaluations, experience letters, licenses, training records, or prior employment documents.

A worker does not need to fit every EB-3 track. The case only needs to match the specific category selected by the employer. That category should be confirmed before recruitment begins, as PERM recruitment rules differ between professional and nonprofessional occupations. Under the federal PERM rule, required recruitment steps are tied to occupation type.

How an EB-3 Case Moves Forward

Step 1: Employer and Job Review

We start with the job offer. Our team reviews the employer, position title, duties, worksite, minimum requirements, wage issues, and whether the role fits skilled worker, professional, or other worker classification.

Step 2: Worker Qualification Review

Next, we compare the worker’s education, training, and experience to the requirements of the offered role. The petition must show that the worker met the job requirements at the correct point in the process.

Step 3: PERM Strategy and Prevailing Wage

Our Austin EB-3 visa law firm helps shape the case before recruitment begins. That includes the job description, minimum requirements, wage request, and early review of issues that could trigger delays or denials.

Step 4: Recruitment Planning

Professional and nonprofessional recruitment do not follow the exact same track. We help employers identify the correct recruitment steps, timelines, and documentation needed for the case type.

Step 5: Recruitment Report and PERM Filing

After recruitment, the employer must document the results. We help organize the recruitment file, review applicant issues, and prepare the PERM application for filing.

Step 6: I-140 Petition

After PERM approval, the employer files Form I-140 with USCIS. This stage must prove the worker qualifies for the EB-3 category and that the employer can pay the offered wage.

Step 7: Final Green Card Stage

When the priority date is current, the worker may proceed with adjustment of status in the United States or with consular processing abroad. Family members may also be included if eligible.

Why Employers and Workers Call Nanthaveth & Associates