Immigration Attorneys and the EB-3 Visa Process for Unskilled Workers

Why it’s important to have an experienced immigration attorney involved in the EB-3 visa process for unskilled workers.

1. Immigration Law is complex.
2. The Department of Labor’s (USDOL) first priority is to the protect the American Worker.

By having experienced immigration attorneys guiding your case through each step in the EB-3 process you are giving yourself the best chance of a successful outcome.

Our team of internal, and network of outside, immigration attorneys are with you for each step of the EB-3 visa process.

Step 1: PERM Labor Certification

• The immigration attorney will work with you to:
  • Prepare the position profile to be compliant with DOL standards.
  • Prepare and file the prevailing wage request.
  • Prepare and provide instructions on posting the Notice of Filing
  • Prepare and provide instructions on placing the:
    • SWA State Workforce Agency 30 day posting
    • Advertisements in the 2 Sunday newspapers with the highest circulation for area where the job is being offered.
  • Prepare the PERM Recruitment Report.
  • Prepare the ETA 9089 PERM Petition
  • Prepare the PERM Audit File.
  • Receive and have the Certified PERM Approval signed.

Step 2: The I-140 petition for Alien Worker

• The immigration attorney will work with you to:
  • Complete the USCIS Form I-140
  • Prepare the required supporting documents:
    • Ability to pay the offered wage.
      • This requires an analyses of the employer’s most recent tax return or audited financial statement.
    • Proof that the beneficiary (applicant worker) meets the minimum requirements for the position.
      • If work experience is required, USCIS has specific guidelines on what is considered acceptable proof of work experience.
      • For any requirement that appears in the PERM ad, the beneficiary must present acceptable proof of attaining that requirement.

Step 3: Adjustment of Status or Consular Processing

• The immigration attorney will work with you to:
  • Ensure that you possess the required documents in the required format.              
    • Birth Certificates, marriage certificates, etc. all must be provided in the correct format with correct certified translations.
  • Ensure that you are properly prepared for the interview.
    • Our team works with former consular officers to prepare you for your USCIS or Embassy Interview.