Do I need a lawyer to apply for an EB-3 NIW visa?

The U.S. immigration system can be very confusing, especially when it comes to employment-based visas. One such visa is the EB-3 Visa for skilled workers, professionals, or other workers. Often, potential applicants ask whether they should hire a lawyer to help with the process. This blog provides an understanding of the EB-3 Visa and explains why having experienced legal representation can significantly enhance your chances of success.

What is the EB-3 Visa?

The EB-3 Visa is an employment-based visa that falls under the third preference category. It allows foreign nationals to gain permanent residence in the United States based on their professional skills, work experience, or educational background.

Eligibility Criteria

To be eligible for the EB-3 Visa, you must fall into one of the following categories:

1. Skilled Workers: People with at least two years of job experience that meets the job requirements specified by the labor certification.
2. Professionals: Applicants must hold a U.S. baccalaureate degree or its foreign equivalent, and this degree must be the standard requirement for entry into the occupation.
3. Other Workers: This category includes unskilled workers who perform labor requiring less than two years of training or experience and are not of a temporary or seasonal nature.

The Application Process

The application process for this visa includes many steps and requires meticulous attention to detail. Here’s a brief overview:

1. Labor Certification: Prior to applying for the EB-3 Visa, your employer has to obtain a labor certification from the U.S. Department of Labor. This confirms that there are no qualified U.S. workers available to fill the position you are being offered and that your employment will not negatively affect the wages or working conditions of U.S. workers in the same role.
2. Filing Form I-140: Once the labor certification is approved, your employer will file Form I-140, Immigrant Petition for Alien Worker, with the U.S. Citizenship and Immigration Services. This form is used to request that you be classified as a beneficiary of an employment-based immigrant visa.
3. Evidence Submission: Along with Form I-140, your employer must submit evidence demonstrating their continued ability to pay the promised salary from the priority date. This can include annual reports, federal income tax returns, or audited financial statements.
4. Waiting Period: The processing time for the EB-3 Visa can vary significantly, ranging from 15 months to several years. During this time, USCIS will review the application and make a decision.
5. Adjustment of Status or Consular Processing: If you are in the U.S. already, you can apply for Adjustment of Status in order to become a lawful permanent resident. If you are currently outside the U.S., you will have to go through consular processing at a U.S. embassy or consulate in your home country.

Do You Need a Lawyer for the EB-3 Visa?

While it is possible to navigate the EB-3 Visa process without legal assistance, having an experienced immigration attorney can offer numerous advantages:

1. Legal Guidance: Immigration laws and regulations are complex and constantly changing. An experienced lawyer stays updated on the latest developments and ensures that your application complies with current requirements.
2. Error-Free Application: Even minor mistakes in your application can lead to delays or denials. A lawyer meticulously reviews your documents, ensuring accuracy and completeness, thereby minimizing the risk of errors.
3. Efficient Evidence Preparation: Gathering the necessary evidence to support your application can be challenging. Lawyers know precisely what types of documentation are required and can help you compile a strong evidence package.
4. Handling Complications: If complications arise during the application process, such as Requests for Evidence (RFEs) or Notices of Intent to Deny (NOIDs), an experienced lawyer can help you respond effectively, increasing your chances of approval.

Contact Sverdloff Law Group

Applying for the EB-3 Visa can be a complex and lengthy process. While it is possible to apply without legal assistance, having an experienced immigration attorney can significantly enhance your chances of success. From ensuring error-free applications to effectively responding to complications, a lawyer can provide invaluable support throughout the process.

If you are contemplating applying for an EB-3 Visa, contact Sverdloff Law Group today for a comprehensive case assessment. Our team is here to guide you every step of the way, ensuring the best possible outcome for your immigration journey.