EB-3 Visa Lawyer
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Everything to Know About a EB-3 Visa Lawyer in Houston
Embarking on the journey to obtain an EB-3 visa and secure your future in the United States (and Texas) is an exciting and life-changing decision. Navigating the complex world of immigration laws can be overwhelming, but with the right guidance and resources, you can confidently pursue your dream of building a new life in the land of opportunity. In this overview, we will delve into the ins and outs of the EB-3 visa, including its different categories, the role of an EB 3 visa lawyer in Houston with the Abbasi Immigration Law Firm, eligibility criteria, the application process, timelines, fees, and the pathway to U.S. citizenship.
Understanding the EB-3 visa for skilled, professional and unskilled workers to gain permanent residency in the US.
A Houston-based EB-3 Visa lawyer with the Abbasi Immigration Law Firm can provide valuable assistance with navigating application process, determining eligibility & submitting necessary documentation correctly.
Evaluate experience of an immigration lawyer when choosing one to ensure they are dedicated to providing best representation for success.
Fees and Costs Associated with EB-3 Visas
The EB-3 visa application process requires the payment of various fees by both the U.S. employer and the beneficiary. The fees include:
$700 for submitting Form I-140: Immigrant Petition for Alien Worker (paid by the employer)
$1140 for the Adjustment of Status filing fee for an EB-3 visa application
Consular Processing fee for the same application, which varies depending on the type of applicant, ranging from $265 to $345.
In addition to the fees mentioned above, applicants may also need to consider the cost of obtaining necessary documentation, such as translations, medical examinations, and postage fees. Awareness of all the fees and costs linked with the EB-3 visa application process is crucial, and financial planning should be adjusted accordingly.
(Always check with www.uscis.gov for the most up-to-date fees.)
Understanding the EB-3 Visa
The complexity of the immigration process can be intimidating. Nevertheless, Houston’s immigration attorneys with the Abbasi Immigration Law Firm are proficient in managing family-based petitions, employment-based visas, and temporary or permanent visas. Given the high stakes of staying in the United States legally, it’s vital to secure a veteran immigration lawyer well-versed in immigration and nationality law. After all, inaccurately or incompletely filing may have serious implications for yourself, your family, and your future, including delays, costly expenses, and in some cases, deportation. Our skilled immigration attorneys help you navigate the complex immigration system.
As you embark on your immigration journey, you’ll encounter various aspects of the process, each requiring the expertise of a skilled Houston immigration lawyer with the Abbasi Immigration Law Firm. These aspects include family-based immigration, employment-based immigration, and temporary and permanent visas.
Skilled workers applying for an EB-3 visa must possess a minimum of two years’ experience in their job or training, and meet the educational, training, and experience requirements. Additionally, they must complete the Labor Certification Process, which involves proving that no suitable U.S. workers are available for the position. There are 30,000 visas available annually for professional and skilled workers under the EB-3 category.
The PERM process requires employers to:
Test the U.S. labor market by advertising the position offered to the foreign national
Guarantee that it is available to U.S. workers as well
Follow a 30-day waiting period
Proceed with obtaining a labor certification if no suitable U.S. workers have been identified
Professionals applying for an EB-3 visa must:
Possess a U.S. bachelor’s degree or an equivalent foreign degree
Be employed in a field that requires the same level of education
Meet the same Labor Certification requirements as skilled workers.
The I-140 Petition is another crucial step for professionals in the EB-3 visa application process. The petition seeks to prove the foreign national’s qualifications for the job position. It also demonstrates that the employer can pay the expected wage. USCIS typically takes several months to adjudicate the I-140 Petition, but premium processing is available, reducing the processing time to 15 calendar days upon payment of an additional fee.
Unskilled workers, in the context of the EB-3 visa, are individuals capable of executing unskilled labor that necessitates less than two years of training or experience, and is not of a temporary or seasonal nature. To be eligible for an EB-3 visa, an unskilled worker must demonstrate that they meet the necessary requirements for the job based on labor certification.
Employment opportunities available to unskilled workers under an EB-3 visa may include other workers such as:
Fast food cooks
Short order cooks
The EB-3 Unskilled Visa is available from any country, except China.
The Role of an EB-3 Visa Lawyer
An EB-3 visa lawyer with the Abbasi Immigration Law Firm significantly aids in:
Navigating applicants through the intricate application process
Ensuring correct submission of all required documents
Maintaining constant communication with their clients, keeping them informed of the progress of their case
Conducting a thorough evaluation of their circumstances.
Securing the services of a seasoned EB-3 visa lawyer with the Abbasi Immigration Law Firm could remarkably enhance your chance of selection. They can provide valuable immigration services, such as:
Advise on gathering and completing appropriate documentation
Guarantee the prompt submission of necessary paperwork
Assist in acquiring information on petitions relevant to the residence of U.S. family members
Further on, we’ll cover the significance of selecting the right EB-3 visa lawyer with the Abbasi Immigration Law Firm and provide insights on securing the best representation for your case.
EB-3 Visa Eligibility Criteria
To be eligible for an EB-3 visa, applicants must meet the general requirements as well as specific criteria for skilled workers, professionals, and unskilled workers. The general requirements for an EB-3 visa involve having a permanent job offer from a U.S. employer.
Skilled workers, also known as qualified workers, must possess at least two years of job experience, education, or training that meets the job requirements, and relevant post-secondary education is also accepted as training. Professional workers must possess a U.S. bachelor’s degree or an equivalent foreign degree and be employed in a field that requires the same level of education. Unskilled workers must demonstrate the capability to perform unskilled labor that requires no more than 2 years of training or experience, and the job must be of a permanent nature.
Key Steps in the EB-3 Visa Application Process
The EB-3 visa application process consists of three main stages: the PERM Labor Certification, Form I-140: Immigrant Petition for Alien Worker (immigrant visa), and Adjustment of Status or Consular Processing.
We’ll explore each stage in detail in the subsequent subsections, offering a comprehensive guide to simplify the application process.
PERM Labor Certification Process
The PERM Labor Certification Process is the initial step in the EB-3 visa application process and involves the following steps:
Demonstrating that no suitable U.S. workers are accessible for the position.
The employer must submit an application to the Department of Labor, including details regarding the job, the employer, and the employee.
Once the Department of Labor evaluates the application and decides that the employee is suitable for the visa, a labor certification is granted.
During the recruitment stage, the employer must advertise the job position in newspapers and other relevant sources to make it accessible to U.S. workers. If no qualified U.S. workers apply for the job, the employer can proceed with obtaining a labor certification, which is a crucial document for the EB-3 visa application.
Form I-140: Immigrant Petition for Alien Worker
Once the labor certification is granted, the employer must file Form I-140: Immigrant Petition for Alien Worker on behalf of the foreign worker. This petition provides evidence of the qualifications of the foreign worker for the job position. Additionally, it verifies that the employer has the financial resources to pay the proffered wage to the foreign national. The filing fee for Form I-140 is $700, which is paid by the employer. (Always check with www.uscis.gov for the most up-to-date fees.)
The processing time for Form I-140 is typically six months; however, premium processing is available, reducing the processing time to 15 calendar days upon payment of an additional fee. Once the form is approved, the foreign worker can proceed to the final stage of the application process.
Adjustment of Status or Consular Processing
The final step in the EB-3 visa application process is the green card application through adjustment of status or consular processing. Applicants who are adjusting their status from another temporary or nonimmigrant visa program and are currently residing in the U.S. can bypass the I-485 process. On the other hand, applicants who do not currently reside in the U.S. will need to go through consular processing, which involves submitting the required documents, such as Form DS-261, to the U.S. Embassy and attending an interview to assess the validity of the case.
The processing time for the Adjustment of Status application is approximately six months or more, while the processing time for consular processing varies depending on the type of applicant, ranging from $265 to $345. (Always check with www.uscis.gov for the most up-to-date fees.) Once the green card application is approved, the applicant becomes a lawful permanent resident of the United States.
Transitioning from EB-3 Visa to U.S. Citizenship
After obtaining an EB-3 visa and living in the United States as a permanent resident for a minimum of five years, you may apply for U.S. citizenship through the process of naturalization. To become a U.S. citizen, you must:
File Form N-400 with the USCIS
Pass an interview that covers American government, history, and the English language
Meet other eligibility requirements such as continuous residence in the United States.
Transitioning from an EB-3 visa to U.S. citizenship is an important milestone in the journey of immigrants seeking to establish a permanent life in the United States. Obtaining citizenship provides numerous benefits, including the right to vote, the ability to sponsor family members for green cards, and greater access to social services and programs. Proper preparation for the naturalization process is vital, and it’s recommended to seek expert advice from citizenship and immigration services to guarantee a seamless transition to U.S. citizenship.
Choosing the Right EB-3 Visa Lawyer
The choice of suitable EB-3 visa lawyers is pivotal to the success of your application. A competent and experienced lawyer with the Abbasi Immigration Law Firm can significantly increase your chances of approval by providing guidance on the collection and completion of accurate documentation and ensuring the timely submission of the required paperwork. When assessing the reliability and competence of an EB-3 visa lawyer, consider factors such as their experience with employment-based immigration, knowledge of the EB-3 visa process, positive reviews and testimonials from previous clients, good communication skills, and a strong reputation within the legal community.
In the selection of an EB-3 visa lawyer the Abbasi Immigration Law Firm, make a point to communicate via phone calls, emails, and face-to-face meetings to assess their responsiveness and dedication to keeping you updated on the progress of your case. A lawyer who is responsive and dedicated to your case will provide you with the best representation and increase your chances of success in obtaining an EB-3 visa. Working with the Abbasi Immigration Law Firm will give you the best chance of securing your EB-3 visa in a timely manner.
Family Members and Derivative Benefits
The EB-3 visa also provides benefits to the family members of the visa holder. Spouses and unmarried children under the age of 21 may accompany the applicant and be eligible to receive derivative visas, granting them permanent resident status in the United States. Spouses of skilled workers may qualify for the E-34 visa, and children may qualify for the E-35 visa, while spouses and children of unskilled workers may be eligible for the EW-4 and EW-5 visas.
Moreover, spouses of EB-3 visa holders can apply for an Employment Authorization Document (EAD) and, upon approval, be eligible to work in the United States. This benefit allows families to have a stable financial footing and enjoy the benefits of living and working in the U.S.
Timeline and Processing Times for EB-3 Visas
Generally, the processing time for an EB-3 visa fluctuates between one and a half to three years, contingent on several factors like the applicant’s home country and the workload at the processing center. The processing times for each stage of the application process are as follows:
PERM Labor Certification: 6-18 months
Form I-140: 6 months for regular processing and 15 days for premium processing
Form I-485 or consular processing: 6 months or more
Applicants from countries with high demand for EB-3 visas, such as:
may experience longer wait times due to the annual visa caps and the high volume of applications. Prospective applicants should strategize appropriately and brace for potential extended processing times when applying for an EB-3 visa.
In conclusion, the EB-3 visa is a valuable pathway for skilled, professional, and unskilled workers seeking to establish a permanent life in the United States. Navigating the complex application process and meeting the necessary eligibility criteria can be challenging, but with the right guidance and resources, you can confidently pursue your dream of building a new life in the land of opportunity. Remember the importance of choosing the right EB-3 visa lawyer with the Abbasi Immigration Law Firm, being aware of the processing times and fees, and considering the benefits available to your family members. With diligence and determination, the journey to obtaining an EB-3 visa and ultimately transitioning to U.S. citizenship can be a rewarding and life-changing experience.
Frequently Asked Questions
The total cost of an EB-3 visa is $920 for the I-140 basic filing fee plus the $220 immigrant fee. Premium processing fees, if used, add an additional $2,500. (Always check with www.uscis.gov for the most up-to-date fees.)
Getting an EB-3 visa is relatively simple compared to other permanent resident visas, with less strict requirements for eligibility. This provides more people with the opportunity to obtain the visa.
US visa lawyer costs can vary depending on the type of application and services required. Fees for different types of visas typically range from $200 to $4,000 plus USCIS filing fees. In a simple case, expect to pay $3,000-$15,000.
BDV Solutions is the best agency for an EB3 visa due to its focus on the EB-3 Unskilled Visa, vast range of job opportunities and locations, and long established presence in the industry.
The EB-3 visa is composed of three categories: skilled workers, professionals, and unskilled workers.