Eb-3 Visa: Secure Your Employment Green Card with Expert Guidance

Before any recruitment activity can begin, the employer must request a Prevailing Wage Determination from the Department of Labor's National Prevailing Wage Center. This figure represents the minimum salary that the sponsoring company must offer for the specific occupation in a particular geographic area. The DOL evaluates factors such as the job title, assigned duties, educational requirements, and the location of the worksite when calculating the prevailing wage. If the offered salary falls below this threshold, the entire PERM application faces automatic rejection. Our attorneys work with employers to structure job requirements realistically so that the resulting prevailing wage remains manageable without triggering compliance concerns. We also advise companies on how to document their willingness and financial ability to pay the determined wage from the moment the application is filed, because the DOL and USCIS both scrutinize this commitment carefully.

Once the prevailing wage is locked in, the employer must conduct a supervised recruitment campaign designed to test the local labor market. Federal regulations mandate specific advertising steps, including a job order with the State Workforce Agency, two Sunday print advertisements in a major newspaper of general circulation, and at least three additional recruitment methods selected from a prescribed list. Every advertisement must reflect the exact job title, duties, and requirements listed on the PERM application, and even a minor inconsistency between the ad text and the final filing can trigger an audit or denial from the DOL. Our firm manages this process from start to finish, preparing compliant advertisements, tracking response deadlines, and documenting the results of every applicant contact. If a PERM labor certification lawyer is not overseeing these details, employers risk receiving an audit notification that can delay the case by a year or more and, in worst case scenarios, result in outright denial and a supervised recruitment order.

USCIS requires concrete proof that the petitioning employer can pay the offered prevailing wage starting from the priority date, which is the date the PERM application was filed. Acceptable evidence typically includes annual reports, federal tax returns, or audited financial statements showing that the company's net income or net current assets meet or exceed the offered salary. For smaller businesses that may not show a high net income every year, our attorneys present alternative financial evidence such as bank statements, profit and loss summaries, and lines of credit to build a persuasive ability to pay argument. We understand that many sponsoring employers are growing companies that reinvest their revenue, and we know how to frame that financial picture in a way that satisfies USCIS standards without misrepresenting the company's position.

One of the most common reasons USCIS issues a Request for Evidence on an EB-3 visa petition is a perceived mismatch between the beneficiary's qualifications and the job requirements stated on the approved PERM. For the EB-3 skilled worker subcategory, the applicant must demonstrate at least two years of relevant job experience or training, while the professional subcategory requires a U.S. .achelor's degree or its foreign equivalent. Our attorneys review every credential, employment letter, and academic record well in advance of filing to identify and resolve any gap that could invite scrutiny. If the applicant holds a foreign degree, we coordinate with accredited credential evaluation services to produce a thorough equivalency report. For applicants in the EB-3 unskilled visa category, we ensure that the job requirements do not inadvertently exceed the "other worker" threshold, which would reclassify the petition and potentially change the priority date or visa availability timeline.

For EB-3 visa beneficiaries who are already living and working in the United States on a valid nonimmigrant status such as an H-1B visa, the Adjustment of Status route allows you to transition to permanent resident status without leaving the country. When your priority date becomes current, we file Form I-485 along with applications for an Employment Authorization Document and Advance Parole travel permit simultaneously. This concurrent filing strategy provides you with independent work authorization and the freedom to travel internationally while your green card application is pending. We pay close attention to maintaining your underlying nonimmigrant status throughout this period, because any lapse in status before the I-485 is filed could create a ground of inadmissibility that threatens the entire case. Timing is everything at this stage, and our team ensures that every form and supporting document is ready to submit on the first day of eligibility.

For applicants who are residing outside the United States, consular processing through a U.S. .mbassy or consulate is the designated path to obtaining an immigrant visa. After USCIS approves the I-140 petition, the case transfers to the National Visa Center, where the applicant must submit Form DS-260, civil documents, and financial sponsorship evidence. Our attorneys prepare clients for every stage of this journey, including the collection of police clearance certificates, medical examination reports, and properly translated personal documents. We also conduct thorough interview preparation sessions so that applicants walk into the consular interview feeling confident about their case. If any issue arises during the interview, such as a request for additional documentation under Section 221(g) of the Immigration and Nationality Act, our team responds promptly to prevent unnecessary administrative processing delays.

It may be difficult to believe, but something as seemingly trivial as an inconsistent job title between the PERM application and the I-140 petition can prompt USCIS to question the validity of the entire case. Dates of employment that do not align across supporting letters, a job description that uses slightly different language than the approved labor certification, or even an incorrect classification code can be treated as material misrepresentation. Once USCIS issues a denial based on inconsistency, the employer may need to restart the PERM process from scratch, losing the original priority date and adding years to an already lengthy timeline. We have helped clients recover from situations like these, but prevention is always more effective than correction. Every document our firm submits undergoes a multi-layer review process specifically designed to catch the small discrepancies that cause disproportionately large consequences.