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The number of applicants for United States immigration visas seems to increase every year. Unfortunately, there are more applicants than available visas in many categories. Therefore, it is important to retain an attorney who could make sure that requirements are met in a timely fashion and the submitted documentation best situates an applicant for success. Applicants seeking an employment third preference EB-3 visa must meet certain conditions and must adequately demonstrate their qualifications to get their visa applications approved, making it even more crucial to seek legal representation.

Because U.S. immigration law is complicated and subject to frequent revision and changes of interpretation, it is often advisable for applicants to work with an experienced San Diego EB-3 visa lawyer from Hacking Law Practice, LLC who understands the process and its requirements.

What is an EB-3 Visa?

The U.S. grants two main types of visas—temporary nonimmigrant visas for those visiting, working, or studying for a finite length of time and immigrant visas for those seeking lawful permanent residence in the U.S. Immigrant visas are the most difficult to obtain, and those applying need some distinct basis for their application, such as a family connection, job prospect, or status as a refugee or adopted child.

An EB-3 visa is a type of employment-based visa available to certain qualified skilled workers, professionals and unskilled workers. In the hierarchy of employment visa preference, this type of visa is ranked third in preference, so while it is not the most desirable visa, it still carries distinct preferential advantages. A lawyer in San Diego could help someone meet the unique requirements of applying for an EB-3 visa.

Qualifications for an Employment Third Preference Visa in San Diego

The Employment Third Preference or EB-3 visa covers three different categories of employees:

  • Skilled workers
  • Professionals
  • Unskilled workers

Skilled workers are those with jobs that are not temporary or seasonal and that require at least two years of training or work experience. Professionals are generally defined as those employed in a profession requiring a bachelor’s degree (or the foreign equivalent degree ) at a bare minimum. Unskilled workers are those capable of performing jobs that are not temporary or seasonal but that require less than two years of training or experience.

EB-3 applicants must have a job opportunity to apply, and their employers must serve as sponsors by filing an I-140 form, which is an Immigrant Petition for Alien Worker.

Additionally, before filing the petition, most employers must also obtain labor certification from the U.S. Department of Labor, which means that they have taken steps to ascertain that there are not enough workers in the U.S. who are qualified to accept the job opportunity and that employment of a foreign national will not unfavorably impact the salary and conditions of U.S. workers. The employer must also establish the prevailing wage for that job in that part of the country. After an employer files the appropriate petition, the date the petition is accepted becomes the “priority date” for action. An attorney in San Diego could help someone through the EB-3 visa application process.

Get Help from a San Diego EB-3 Visa Attorney Today

Applicants for immigrant visas in the U.S. are not required to use the services of an attorney, but many of them choose to do because the process is complicated and time-consuming. Additionally, any mistakes or missing information can delay or cause denial of an application.

If you are considering applying for an employment third preference visa, you should talk to an experienced San Diego EB-3 visa lawyer to find out how to get your application on the right track.

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