EB-3 Visa Lawyer

EB-3 Visa Attorneys With Decades of Experience

For decades, Spar & Bernstein has represented businesses, professionals, and workers in employment-based immigration matters throughout the United States. Our attorneys understand the legal, procedural, and timing challenges associated with employer-sponsored permanent residence cases and work closely with employers and employees to develop strategic EB-3 filing plans.

EB-3 petitions involve far more than filing forms with USCIS. Most cases require successful completion of the PERM labor certification process with the Department of Labor, followed by immigrant petition filing, visa availability monitoring, and final green card processing. Our firm provides end-to-end legal guidance designed to help clients navigate each phase efficiently and in compliance with immigration regulations.

How we can help you

Spar & Bernstein provides comprehensive legal support throughout every stage of the EB-3 process.

1. EB-3 Category Assessment & Employer Eligibility Review
   We begin by determining which EB-3 category applies to the position and employee — skilled worker, professional, or unskilled worker. Our attorneys also evaluate whether the sponsoring employer satisfies the requirements for a bona fide permanent, full-time job offer.
2. PERM Labor Certification
   Most EB-3 cases begin with the PERM labor certification process. We guide employers through Department of Labor recruitment requirements, advertising obligations, prevailing wage issues, and ETA Form 9089 preparation and filing. Because PERM audits and denials can occur without careful preparation, compliance and documentation are critical.
3. I-140 Immigrant Petition Preparation & Filing
   Once PERM certification is approved, we prepare and file Form I-140 with USCIS on behalf of the employer. This includes documenting the employee’s qualifications, the qualifying job offer, and the employer’s ability to pay the offered wage.
4. Priority Date Monitoring
   After I-140 approval, many applicants must wait for their priority date to become current before proceeding to the final stage of the green card process. Our firm monitors Visa Bulletin movement and advises clients on timing and strategy.
5. Adjustment of Status or Consular Processing
   We assist eligible applicants with adjustment of status filings inside the United States or consular immigrant visa processing abroad. Our attorneys prepare supporting documentation, guide clients through interview preparation, and advise on final approval procedures.

EB-3 Visa Types We Handle

Skilled Workers

The EB-3 skilled worker category applies to positions requiring at least two years of training or work experience that are not temporary or seasonal in nature. The employer must demonstrate that qualified U.S. workers are unavailable for the position.

Professionals

This category applies to positions requiring at least a U.S. bachelor’s degree or foreign equivalent. The degree requirement must be a true minimum requirement for the offered position.

Unskilled Workers

The EB-3 unskilled worker category applies to positions requiring less than two years of training or experience. Due to annual visa limitations, this category often experiences longer processing backlogs.

Schedule A Occupations (Nurses & Physical Therapists)

Registered nurses and physical therapists may qualify under Schedule A, which allows employers to bypass the PERM labor certification process because the Department of Labor has pre-certified these occupations. Our firm handles streamlined Schedule A I-140 filings for qualifying healthcare workers.

EB-3 to EB-2 Upgrade (Interfiling)

For individuals who may now qualify for the EB-2 category, we evaluate whether an upgrade strategy or interfiling request may provide faster visa availability or long-term immigration advantages.

EB-3 Visa Process & What to Expect

The EB-3 process typically begins with evaluating the sponsoring employer, the offered position, and the employee’s qualifications to determine the appropriate EB-3 category. Most cases then proceed through PERM labor certification with the Department of Labor, which requires a supervised recruitment process designed to test the U.S. labor market.

After PERM approval, the employer files Form I-140 with USCIS to establish the employee’s eligibility for permanent residence under the EB-3 category. Once the petition is approved, applicants must wait for their priority date to become current according to the Visa Bulletin before moving to the final stage of processing.

Applicants already in the United States may complete adjustment of status through Form I-485, while those abroad generally proceed through immigrant visa processing at a U.S. consulate. Processing times vary significantly depending on the applicant’s country of birth and the EB-3 subcategory involved.

Certain stages of the process may involve delays, Requests for Evidence, or PERM audits from the Department of Labor. Premium processing may be available for the I-140 stage in many cases. Throughout every step, Spar & Bernstein manages compliance, documentation, case strategy, and communication with government agencies to help employers and employees navigate the process as efficiently as possible.