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EB-3 Visa Lawyers in Silver Spring
One EB-3 Strategy for Employers & Foreign Workers
An EB-3 case connects a permanent job opportunity, an employer’s sponsorship obligations, and a foreign worker’s qualifications. Most cases also require labor certification through the Department of Labor before the employer can petition for the worker. We help employers and foreign nationals understand how these parts fit together and identify issues that could affect the path to permanent residence.
Eligibility depends on the offered position, its legitimate minimum requirements, the worker’s education and experience, and the availability of an immigrant visa number. Living in Silver Spring doesn’t determine eligibility, and an approvable petition doesn’t necessarily mean a green card is immediately available.
Discuss your EB-3 visa strategy with our immigration lawyers. Call (240) 202-1566 to schedule a consultation.
Which EB-3 Classification Fits the Position?
EB-3 includes three employment-based classifications. The position’s actual requirements and the worker’s credentials determine which one may apply.
The three EB-3 classifications are:
- Skilled workers: Positions that generally require at least two years of training or experience.
- Professionals: Positions for which a U.S. bachelor’s degree or foreign equivalent is normally required.
- Other workers: Permanent, full-time positions that generally require less than two years of training or experience.
The employer’s requirements must remain consistent across the labor certification and immigrant petition. The worker must also document that they met those requirements by the applicable stage of the case.
Employment-Based Immigration Counsel in Silver Spring
Murray Osorio PLLC represents individuals, families, and businesses in immigration matters nationwide. We provide personalized guidance and honest assessments, considering the employer’s filing and the worker’s immigration circumstances as parts of the same strategy.
We maintain offices in Silver Spring, Fairfax, Newark, and Charlottesville. Our full-service perspective allows us to evaluate an EB-3 case alongside current immigration status, family considerations, and other potential immigration options.
What We Review During an EB-3 Consultation
We separate classification questions from visa availability and timing concerns. Before discussing possible next steps, we consider the proposed position, the employer’s sponsorship circumstances, and the foreign national’s immigration history.
Relevant information may include:
- The permanent job offer and its minimum education, training, and experience requirements.
- The worker’s degrees, employment records, training, and current immigration status.
- The employer’s business and supporting financial documentation.
- The worker’s country of chargeability, which is generally used for immigrant visa allocation.
- Whether adjustment of status or consular processing may be the appropriate route.
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Murray Osorio PLLC is here to help you and provide legal guidance as needed.
Real People. Real Reviews.
"Knowledgeable of Laos"
His knowledge of Lao administration and connections to the Lao community in the US and Laos gave us confidence and reassurance as we made our way through the process.
- Noy
Documents Employers & Workers Need for an EB-3 Case
EB-3 filings rely on accurate, consistent documentation from both parties. The employer’s stated minimum requirements should reflect the actual position, not qualifications created solely around the sponsored worker’s background.
Key documentation issues include:
- Position requirements: The job description, minimum qualifications, worksite information, and offered wage should remain consistent across filings.
- Worker qualifications: Degrees, experience letters, and training records should establish that the worker satisfies the position and classification requirements.
- Ability to pay: The employer generally must document its continuing ability to pay the offered wage from the relevant priority-date stage through adjudication.
- Permanent residence filings: Information in adjustment of status or consular processing documents should align with the labor certification and immigrant petition.
EB-3 Derivative Options for Family Members
A principal beneficiary’s spouse and unmarried children under age 21 may have derivative immigration options, subject to applicable requirements. Planning should account for visa availability, admissibility, filing location, and the timing of each family member’s application.
Changes That May Require a New EB-3 Strategy
Changes to the position, employer, worksite, or worker’s immigration circumstances can affect filing requirements. Visa backlogs and country-specific cutoff dates may also influence when the worker can apply for or receive permanent residence.
Some workers may need to compare EB-3 with another employment-based category based on the position’s requirements and their credentials. A Department of Labor audit, a request for evidence from U.S. Citizenship and Immigration Services, a denial, or another complication requires analysis of the specific record rather than a generic correction.
Our Locations
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Fairfax,
Virginia -
Silver Spring, Maryland
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Newark, New Jersey
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Charlottesville, Virginia