EB-3—Third Employment-Based Preference For Other Workers

Basic Requirements:

Unskilled workers may apply for the third employment-based preference for the United States Citizenship and Immigration Services “other workers” category. To be eligible, applicants must be capable of performing unskilled labor, which is generally defined as any labor requiring less than two years of experience or training to perform. Visa availability for unskilled workers is significantly lower than for other categories.

Application Process:

Employers must first secure labor certification from the Department of Labor before anything else may be done. As such, there must already be a specific job offer that has been extended to any potential EB-3 applicant. Once employers (the petitioner) that have obtained labor certification make a foreign hire, they must then file for an Immigrant Petition with the U.S. Citizenship and Immigration Services (USCIS).

Before the applicant can proceed with consular processing or file for an adjustment of status, his or her visa must have already become numerically available. Unfortunately, there is a significant backlog of applications, and applicants often wait years for their visa to become numerically available. In fact, unskilled workers are subject to the longest wait times, as there is often a minimum wait time of nine years. People from China, Mexico, India, and the Philippines often wait much longer. Applicants should expect this category to continue to be immediately unavailable.

Family Members:

The children and spouse of the primary beneficiary may enter and remain in the United States with a derivative status of this preference category. However, children must be unmarried and under the age of 21 to be considered eligible for the derivative EB-3 status.

Fees:

The Miami immigration attorneys at the Kaba Law Group, P.L.L.C., will charge the following in attorney’s fees for a typical application filed from within the United States at the U.S. Citizenship and Immigration Services (USCIS) (please take a moment to read through this disclaimer), in addition to 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
  • $700 USCIS filing fee for Employment Petition
  • $2,500 USCIS premium processing fee (optional)

Step 3—Adjustment Of Status (If Already In The U.S.):

  • $2,500 attorney’s fees for the principal beneficiary
  • $1,500 attorney’s fees for each family member
  • $1,225 USCIS fee each person, (or $750 for each person under the age of 14)

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
  • $120 AOS Processing Fee
  • $325 Consular Processing fee per person
  • $220 Permanent Resident Card

Experience:

At the Kaba Law Group, P.L.L.C., our Miami immigration attorneys have the experience and the resources you will need as you work through the application process for this preference category. To speak with an immigration attorney in Miami about the particulars of your current situation, please call our Miami offices at (305) 245-9990today.

What Do I Need To Begin?

Information and Documents needed for EB-3 Unskilled Workers

Sample Retainer Agreement

 

Call us today at (305)-245-9990 or schedule an free appointment online https://kabalaw.cliogrow.com/book, fully private, and confidential consultation and learn more about how we can help.

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