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Petitioning for an EB-3 Visa?

Get help from our New York City immigration attorneys!

If you are looking to be one of the 140,000 workers who are granted an employment-based visa this year, then you may be able to qualify under third preference status, which would enable you to secure an EB-3 visa. This type of visa is for those workers who do not qualify as first or second preference workers. As New York City immigration lawyers, we understand these processes, and can walk you through the necessary steps in petitioning for the EB-3 Visa. According to the U.S. Citizenship and Immigration Services (UCSIS), the greatest backlog of employment-based visa requests exist in this category.

This is likely because far more people qualify for this category than in the first and second preference categories. What may set you apart from other applicants is a complete and accurate application form. Many applicants are denied a visa simply because they failed to supply information or left fields blank on their application. By utilizing the help of the skilled Queens immigration lawyers at our firm, you may be able to secure an EB-3 visa.

We represent individuals throughout Queens, Brooklyn, The Bronx, Manhattan, Rockland County and Westchester County.

Three Eligibility Categories for Third Preference Employment Visas

There are three subcategories that qualify individuals as eligible to apply for and receive the EB-3 visa. Those three categories are:

  1. Skilled Workers
  2. Professionals
  3. Unskilled / Other Workers

Out of these three categories, the largest backlog of requests is for the third "other workers" category. Each category has separate evidences and certifications required.

If you are petitioning for an EB-3 visa in the skilled worker category, then you will have to provide two evidences: 1) Evidence of minimum two years on-the-job experience, and 2) Evidence of job duties you can perform which are not duties currently being filled in the U.S. You must also provide labor certification and a permanent, full-time job offer.

If you are petitioning for an EB-3 visa in the professional worker category, then you will have to provide three evidences: 1) Evidence of a U.S. baccalaureate degree or foreign equivalent, 2) Evidence of job duties you can perform which are not duties currently being filled in the U.S., and 3) Evidence of a degree is non-negotiable, for which on-the-job experience or training cannot be substituted. Just like the skilled worker category, applicants in this category must provide labor certification and a full-time job offer.

The unskilled worker/other worker category is the easiest to qualify for due to the less-stringent requirements. All the evidence that this category requires is that the applicant can perform unskilled labor to fill a permanent job role. U.S. workers must not be available to fill that job role. Applicants in this category must provide labor certification and a permanent, full-time job offer.

Applying for the EB-3 Visa with a Queens Immigration Lawyer

If you are considering applying for the EB-3 employment visa, then get in touch with a New York City immigration attorney at Musa-Obregon Law PC. Our firm is passionate about helping workers come to the United States. We also help with I-400 forms (employer forms) and employment visa applications for family members of workers. We assist clients from the beginning of the filing process to the end, and can even appeal a denied application. Our law firm can help you compile the necessary evidence and fill out the paperwork so that you can become a legal resident and worker in the U.S.

To learn more about this type of employment-based visa and how you can apply, please get in touch with Musa-Obregon Law PC today!

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