How Immigration Lawyers Can Assist with EB3 Green Card Petitions?

What is EB3 Green Card? The EB3 visa or EB3 Green card allows immigrants coming for employment to live in the United States and get permanent residency. However, it can be time-consuming and complex to apply for an EB3 Green Card.

This is where immigration lawyers come to your rescue. In fact, they can play a crucial role to help you go through this process easily. Generally, they have enough expertise in U.S. immigration laws. 

Basically, they can provide invaluable help in ensuring that petitions are properly filed, eligibility requirements are met, and the process runs smoothly. Hence, to understand how an immigration lawyer can be of help, read on.

What is EB3 Green Card Process? – A Quick Overview

Before you learn about how immigration lawyers assist with eb3 green cards petitions, you must understand the basic details of EB3.

The EB3 green card is a U.S. immigrant visa issued to foreign nationals. However, they need to meet specific criteria. These are:

• Holding a job offer for a permanent position in the U.S
• Having at least two years of training or experience (skilled workers)
• Earned a bachelor’s degree (professionals), or
• Performing unskilled labor (other workers). 

Basically, the visa application process involves several steps. For instance, you have to get the labor certification, file for an immigrant petition, and consider change of status or consular processing. Only then, the Green Card shall be finally issued.

The EB3 category is for skilled workers, professionals, and other workers. However, if you want to get a Green Card through this route, you have to follow strict legal procedures and adhere to several requirements.

How Can Immigration Lawyers Help in EB3 Green Card Petitions?

Generally, immigration attorneys assist with every stage of the EB3 Green Card process. So, whether you are an employee or an employer, their expertise can help you meet all necessary legal requirements. Also, they help you address potential challenges before they become obstacles.

1. Assessing Eligibility and Guiding the Applicant

The first role of an immigration lawyer is to assess whether an applicant is eligible for the EB3 visa, the EB5 visa, or any other category. 

Actually, there are specific criteria for each of the three subcategories of the EB3 visa:

• Skilled workers
• Professionals,
• Other workers

In those cases, immigration lawyers check the applicant’s education, experience, and job offer. This way, they determine which category the applicant best fits into.

More often than not, you might need legal advice to understand which documentation you need to submit or whether you qualify under the EB3 classification. Here, immigration lawyers ensure that you possess required qualifications.

Here, you need to verify your work experience and educational background and meet the minimum job requirements. This way, you can avoid delays or rejections during the application process.

2. Helping Applicants to Navigate the Labor Certification Process

One of the critical steps in the EB3 Green Card process is labor certification. This is called PERM (Program Electronic Review Management). 

Actually, as a skilled worker or professional, you have to prove here that no qualified U.S. workers are available to fill the position that is offered to you. Hence, the employer also needs to go through a recruitment process. Here, they must prove that although they advertised for the job, no U.S. workers were available.

Moreover, immigration lawyers play a central role in helping both the employer and employee understand the complexities of the labor certification process. Also, they guide the employer through the recruitment steps and help ensure that the advertisement complies with U.S. Department of Labor guidelines. 

In addition to that, they prepare the necessary documentation for submission to the U.S. Department of Labor. As a result, this reduces the risk of errors that could delay the process.

3. Enabling the Applicant to File for the I-140 Immigrant Petition

Once the labor certification is approved, the next step is to file the I-140 Immigrant Petition. Basically, it is a formal petition to request permanent housing in the United States. 

Here, immigration lawyers help prepare and file the I-140 petition by compiling the necessary forms and documentation. Also, they include your qualification proof, the labor certification, and any extra supporting documents.

However, it is important to understand that this process requires careful attention to detail to avoid delays or denials. Hence, the lawyers ensure that the petition is filed on time, as there are specific deadlines associated with each stage of the process. 

Additionally, the lawyer can also guide you in case premium processing is an option that expedites the petition processing.

4. Ensuring Compliance with Visa Bulletin and Priority Dates

The EB3 Green Card process is subject to a visa quota system. Moreover, priority dates play a crucial role in determining when you can move forward in the process. 

On the other hand, the U.S. State Department releases a monthly Visa Bulletin. Basically, it provides information about which priority dates are current for specific visa categories and countries.

Apart from that, immigration lawyers watch the Visa Bulletin to ensure your current priority date. Also, they provide guidance on how long you need to wait for your priority date to become current. However, this can vary depending on your country of origin and the demand for EB3 Green Cards.

5. Assisting with Change of Status or Consular Processing

Once the I-140 petition is approved and the priority date is current, you have two options to choose:

• Either go through the change of status (AOS) process if you already stay in the U.S.
• Go through consular processing if you stay outside the U.S. 

In such cases, immigration lawyers will help you understand the differences between these two pathways. This way, you can determine which one is appropriate for your situation. Here is a brief overview of these two pathways:

a. Change of Status (AOS)

If you are already in the U.S., you can file the I-485 application to adjust your status to lawful permanent resident. Here, the immigration lawyer can guide you through the necessary paperwork, prepare for the biometrics appointment, and help you respond to requests for extra evidence (RFEs) from U.S. Citizenship and Immigration Services (USCIS).

b. Consular Processing

If you stay outside the U.S., an immigration lawyer assists you with the process of attending a U.S. consulate interview. Here, they ensure that you submit all required documents and help prepare you for the interview.

6. Handling EB3 Green Card Denials and Appeals

If you face a denial of the EB3 Green Card, the immigration lawyer will identify the reasons for the denial. Hence, they shall determine the best course of action. In some cases, applicants may need to file an appeal or request a motion to reopen or reconsider the case.

Immigration lawyers are experienced in handling these appeals and can help submit the appropriate documentation. Here, they argue the case and follow up with the relevant authorities to increase the chances of a successful outcome.

7. Helping with Post-Green Card Considerations

After you receive the EB3 Green Card, there are still post-approval requirements. Here, you still need the help of an immigration lawyer. 

For example, if you apply for family members, the lawyer can help file family petitions. In addition to that, if there are concerns about maintaining permanent residency or seeking U.S. citizenship in the future, they offer you legal counsel on the best strategies for maintaining lawful status.

Connect with an Immigration Lawyer Now

You now know what is EB3 Green Card and why you need an immigration lawyer. Actually, the EB3 Green Card process involves many intricate steps. 

An immigration lawyer will play a crucial role in ensuring you meet all legal requirements and assist you in avoiding common pitfalls. With their expertise, you will find it easier to navigate the complex immigration landscape. Thereby, you can improve your chances of obtaining a U.S. Green Card.

So, do you have some suggestions on how to choose an immigrant lawyer? Consider sharing your ideas and opinions in the comments section below.

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