EB3 is the third category of immigration-based employment visa that allows a foreign applicant and his/her family (spouse and children) to permanently come to/reside in the USA and work by obtaining a green card.
EB3 visa has different categories, which may or may not require any previous educational qualification depending upon the individual category. The highest educational qualification for the EB3 category is a bachelor's degree.
EB3 visas have different categories, which may or may not require any previous professional experience depending upon the individual category.
Currently, our fee for the total process is $7700 (PERM- $5000, I-140- $1500, I-485- $1200). In addition, the client will have to pay for job advertising fees, USCIS fees, and document shipping costs.
Yes. $700 for each additional family member when the final stage of the Green Card application is being processed.
The total cost will be $9100 ($7700 for the principal applicant and $700 for each additional family member) plus additional expenses, including job advertisement costs, USCIS fees, and document shipping costs.
Yes, both can apply for their respective position, and it will not create any contradiction.
As a law firm, we don’t provide an employer for EB3. However, we have a sister concern company (Great American Recruiter) that finds employers for interested clients and carries out the full process of EB3. You can reach out to them at email@example.com. Please note that the Great American Recruiter has a different pricing structure.
Yes, you can adjust your visa status from B1/B2. However, please note that you will have to maintain legal visa status in the USA until your I-140 is approved and you receive your work authorization based on a pending I-485 application.
Yes, you can adjust your visa status from F1/F2. However, please note that you will have to maintain legal visa status in the USA until your I-140 is approved and you receive your work authorization based on a pending I-485 application.
If you are staying in the USA, you can apply for both. However, since an EB3 immigration visa takes more than a year due to prevailing wage determination and PERM processing, we advise you to first apply for an H4 adjustment of status application and then file an EB3 application.
Yes, if your asylum case is pending or you are a current asylee in the USA, you can apply for an EB3 immigration visa. However, if your asylum case is denied in court and you are in the deportation procedure, you cannot apply for EB3.
Self-sponsoring may result in a complicated case adjudication by the USCIS and bears the risk of denial.
While they can legally sponsor you, being sponsored by immediate relatives or family members bears the risk of a complicated case adjudication by the USCIS and can result in a denial.
You may always have the option to change your job irrespective of the PERM procedure stage. However, in most cases, changing the job during the PERM process or after PERM approval means you may have to go through the PERM process all over again. PERM certification is not related to a specific employee, and it is tied to a specific job. That is why a new job will almost always require new PERM certification. Having your employer file the I-140 immigration petition is the second stage in the process and happens once PERM labor certification has been approved. Changing jobs at this stage in the process will almost always require your new employer to file a new PERM and then a new I-140 petition.
One of the big exceptions to this is if the new employer company is a successor in interest to the original employer company. This involves an understanding and analysis of mergers and acquisitions laws. Another exception involves the American Competitiveness in the Twenty First Century Act (AC-21). If the foreign worker fulfills the mobility requirements under Section 106 of the American Competitiveness in the Twenty First Century Act (AC-21), then the new employer will not need to file a new I-140 petition. Rather, they can move to a new place of employment upon the passing of 180 days after the filing of the adjustment of status (I-485) application.
Yes, you can change your address at any time during the process. However, please note that you will have to file AR-11 and inform USCIS about the change of address within 10 days of moving.
It is realistically impossible to assure 100% approval since the final adjudication comes from the USCIS. However, we can predict the outcome with more than 90% assurance.
If you adjust your visa in the USA, you may or may not have to attend an interview. However, if you are applying from outside the USA, you will have to attend an interview at the US embassy or consulate.
Yes, you can travel unless you file form I-485. However, please note that if you travel outside the USA before filing Form I-485, you will have to wait for at least 90 days to file Form I-485 after your return to the USA. Once you file form I-485, you cannot travel outside the USA until you receive the advance parole (approval of I-131). Please note that traveling outside the USA without prior approval and proper return documentation may jeopardize your green card application.
The timeline varies based on the individual case. But typically, it takes approximately 3 years to complete the entire process. Please see the timeline flowchart below to get an idea about the timeline of EB3.
You can only expedite the I-140 adjudication with premium processing by paying a $2500 USCIS fee and filling the form I-907. However, there is no premium processing for the prevailing wage determination, PERM, or I-485. Nonetheless, you can make an expedition request if your I-485/I-765 adjudication decision exceeds the average processing time at the designated service center.
While denial of an adjustment of status application generally leads to immediate deportation from the USA, the ultimate course of action varies based on the individual case. Please contact us immediately if your EB3 application is denied.
Yes, you can appeal to reconsider your case by filing form I-290B and paying the USCIS fee. Please note that you will have to appeal within 30 days of the notification of the decision or 33 days if you received the notification by mail.