EB-3—Third Employment-Based Preference for Professionals
Basic Requirements:
This third preference category for employment-based visas (green cards) is available to foreign professionals who hold a degree that is or is the foreign equivalent to a U.S. bachelor’s degree. This educational requirement may not be substituted with comparable experience. As such, the position that the applicant is seeking must be considered a professional occupation and, thereby, must require at least a bachelor’s degree to be considered for the position.
Application Process:
Before an applicant may be considered for this preference category, the employer offering the position must have already obtained labor certification (PERM) through the U.S. Department of Labor. Once that has been secured by the employer, the employer must have already offered a specific job offer to the applicant and file for an immigrant petition on behalf of the applicant.
Applicants must wait until visas become numerically available before they can file for an adjustment of status or continue with consular processing. Since there are consistently high backlogs of applicants waiting for their visa to become numerically available, the wait for this visa status may take a number of years. Though this process may take seven or more years to complete for people from most countries, individuals from Mexico, India, and the Philippines are likely to wait even longer. Unfortunately, the unavailability of this visa is likely to continue for some time.
Family Members:
Under the derivative status of this preference category, the spouse and children of the primary beneficiary may obtain green cards to accompany him or her into the United States. To be eligible for this derivative status, children must be under the age of 21 and unmarried.
Fees:
The Austin immigration attorneys at the Law Office of William Jang, PLLC, charge the following in attorney’s fees when filing a typical application from within the United States and with the U.S. Citizenship and Immigration Services (USCIS) (please look over our disclaimer on this page), along with the filing fees that are currently charged by the USCIS:
Step 1–Labor Certification:
- $3,000 attorney’s fees
- The cost to advertise this position (varies)
Step 2–Permanent Residency Petition:
- $3,000 attorney’s fees
- $715 USCIS filing fee for Employment Petition
- $300 USCIS Asylum Fee ($600 for large companies*) ($0 for nonprofit)
- $2,805 USCIS premium processing fee (optional)
* Large Companies are companies with more than 25 employees in the U.S.
Step 3–Adjustment of Status (if already in the U.S.):
- $2,500 attorney’s fees
- $1,500 attorney’s fees for each family member
- $1,440 USCIS filing fee for Adjustment of Status for each person
- $260 USCIS Employment Authorization Document for each person (optional)
- $630 USCIS Advance Parole for each person(optional)
Consular Processing (if outside of the U.S.):
- $4,000 attorney’s fees for the principal beneficiary
- $1,500 attorney’s fees for each family member
- $325 Consular Processing fee per person
- $220 Permanent Resident Card
Experience:
At the Law Office of William Jang, PLLC, our Austin professional EB-3 attorneys are prepared to help you work through every aspect of your application and petition under this employment-based preference. To speak with an attorney in Austin about the particulars of your circumstances, please call our Austin offices at (512) 323-2333 today.
