GREEN CARD VIA A JOB OFFER (EB-3)

Are you a Foreign National without an advanced degree and you feel that you don’t qualify as a person of extraordinary or exceptional ability, but you still want a Green Card? Are you an employer looking to sponsor a foreign national for Green Card eligible employment, but your prospective employee doesn’t fit the mold of having an advanced degree and/or extraordinary or exceptional ability?

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Well, fortunately, if either of these descriptions above fit you, there are other ways to obtain Green Cards via employment. If you yourself are the foreign national, unfortunately the visas we are about to describe require a job offer in order for you to be eligible.

WHO IS ELIGIBLE?

If you are the employer looking to sponsor a foreign national for a Green Card eligible employment visa, you are already in the right place. There is a whole category of Green Card Eligible Visas that may fit the build for your prospective foreign national employee. The EB-3 visa exists to give foreign nationals with permanent full-time job offers, access to lawful permanent residency in the United States and an eventual path to citizenship. If the foreign national can be described as a professional, meaning they have at least a University-level degree, they may qualify for the EB-3 Immigrant Visa under the “Professional” worker category. If the job the foreign national is being offered requires a “Skilled Worker,” meaning the offered position requires a minimum of two years’ training or work experience to be successfully performed, they may also be eligible for a Green Card under the EB-3 Immigrant Visa. Finally, there are some visas allocated for “other workers” under the EB-3 scheme. These positions are for work that requires less than two years training or work experience. To find out if you yourself, or your prospective foreign national employee, are eligible for a visa in this EB-3 category, please play around with our employment-based visa eligibility quiz here
*Note:If you are a Chinese, Indian, or a Filipino Citizen, although you may be eligible for an EB-3 visa based on your qualifications and your offer for full-time employment in the United States, an Immigrant Visa will not be immediately available because there is currently too much demand for the EB-3 Visa from your specific country, at this time. If this is the case, you can still apply for an EB-3 Visa via an I-140, get what is called a priority date (the exact date USCIS receives your EB-3 petition), and then hopefully get approved for that Immigrant Status. Even if you are approved for an EB-3 Visa, you won’t be able to actually hold that Immigrant Status or apply for your Green Card until much time into the future (less time if you’re a Filipino than if you’re Indian or Chinese, though). Thus, if you are a national from one of these countries and you’re overseas and seeking to immigrate with your job offer, you will probably do much better to to apply for a non-immigrant H-1B Visa first (discussed briefly below), and then apply later once you’re in the United States to adjust status to that of an EB-3. If you follow that route, there are then certain special provisions in place that will allow you to be able to extend your H-1B status for longer than you normally would be able to, in order to wait for an Immigrant Visa number to become available for you; should you find yourself to be in a situation with an expiring H-1B. In any case, if you are a citizen of one of these countries, it is highly advisable to seek the help of an experienced Immigration Attorney to help you navigate this situation; which is unfortunately more delicate a process than for nationals of other countries. *Note: If you are a Mexican Citizen, or a Citizen from El Salvador, Honduras or Guatemala, sometimes the visa numbers for EB-3 Visas are not current and the situation described in the paragraph above (relevant for Chinese, Indian, and Filipino Citizens), could be applicable to you. It is important to keep an eye on the Department of State’s monthly visa bulletin, to see if there is waiting period for EB-3 Visa spots for your nationality. This is especially the case if you’re seeking the EB-3 Immigrant Visa from abroad. Although the delays for Visas for Citizens of your country are not typically as long as those from China, India, or the Philippines, it could still delay you greatly if you are not attentive to the visa bulletin. As always, the help of an experienced Immigration Attorney can be invaluable in helping you to navigate this situation.

HAVE A UNIVERSITY DEGREE (OR EQUIVALENT) AND A JOB OFFER, BUT AREN’T SURE YOU WANT TO PERMANENTLY LIVE IN THE UNITED STATES?

Well if you otherwise meet the requirements of the EB-3 Immigrant visa for the “professional worker” category (meaning the educational requirements), then you are most likely eligible for a non-immigrant H-1B Visa. The H-1B is an easier visa to obtain than an EB-3 Visa (less stringent acceptance standards), often takes less time to get, and still enables you to live and work in the United States for a period of years (often several years). If you are a citizen of China, India, or the Philippines and you are not currently in the US (and seeking to apply from abroad for your Immigration benefits), then you especially need to consider this route (see above). Also, likewise, if you are a citizen of Mexico, El Salvador, Honduras or Guatemala, at any given point in time, applying for H-1B from abroad may make more sense than directly pursuing an EB-3 from abroad (see above). In any event, unlike most non-immigrant visas, having H-1B status is unique in that actually it will actually allow you to apply for a Green Card-eligible Employment-based Immigrant Visa later, once you’re in the United States without having to worry about problems of Immigrant Intent that can otherwise develop with other non-immigrant statuses. For more information about the H-1B Non-immigrant Visa, please click the button below:

Also see what is “Concurrent filing of Form I-485” and when an immigrant petition and the adjustment application are filed at the same time and mailed together.

THE TRADITIONAL LEGAL SERVICE: FULL ATTORNEY REPRESENTATION

Check your Eligibility, Register, Sign (or Schedule a Consultation First). Begin by answering one of our online questionnaires. If all goes well, our software will tentatively assign you a case.* You’ll be able to register, create your profile and request an individualized price quote for your case; for free. You can then sign our electronic retainer at the quoted price (subject to certain reservations). Or, if you prefer, you can schedule and pay for a consultation, before signing. If you choose to make us your attorneys by signing right away; after using our secure online system to make your first payment, you’ll still be prompted to schedule a consultation. To ethically and most effectively serve you, our Full Attorney Representation Service always begins with a consultation. Please visit our How our Legal Services Work page.*
Have your Initial Consultation with your Attorney and let them get to work. Your attorney will contact you as scheduled, for your consultation. They will verify your eligibility for the case our software pre-selected, and make sure it is actually the best option for you. Your attorney will detail the steps for handling your specific immigration matter, and render you any necessary and pertinent legal advice. Addressing your questions, and requesting any documents and information that you’ll need you to provide (such as birth certificates), will also be priorities of the consultation. If you did not already retain Zontlaw formally, your attorney will send you a price quote (with the $150 dollar consultation fee deducted from the cost of your representation); after the consultation. You can then formally sign and retain us as your attorneys. After you make your first payment, your attorney will proceed to the next step. If you have already retained us, you’ll make your first payment if you haven’t already (the one after the $150 minimum), and your attorney will automatically proceed to the next step. How our Legal Services Work page.*
Finish completing your Forms, your Attorney Checks your Petition, and you Submit. You will use our innovative software system to continue to fill out the necessary forms for your case, and any supporting documentation. Then when you have completed everything, your attorney will check your USCIS forms for accuracy, completeness, adherence to USCIS standards and procedures, and any possible ineligibility/inadmissibility grounds that might come up. Your attorney will tell you how best to address any problems with your petition that they observe, and then you will make the necessary and/or recommended changes. If you elected for the add-on service of having your attorney check your supporting documentation, they will also give you feedback on that. Once you have made the proper changes, you will print your petition, sign where indicated, and then send it off to USCIS in the pre-addressed and pre-paid envelope, we provide. From there, you’ll only have to make sure to respond to any ensuing correspondence or requests from USCIS, should there be any. How our Legal Services Work page.*

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ZONTLAW LAW OFFICES OF JULIA GREENBERG

With more than a decade in the field, Julia Greenberg has earned a reputation as a highly successful immigration attorney. Since 2006, she has represented countless corporate and individual clients in complex matters ranging from removal (deportation) to asylum, family, business and investor’s petitions, and employment-based cases.

Authorized to practice in immigrant courts throughout the United States, Ms. Greenberg may also appear before the 2nd Circuit Court of Appeals, U.S. District Courts for the Southern, Northern, and Eastern districts of New York, and the New York Supreme Court. Ms. Greenberg takes pride in helping clients who have been unable to get satisfactory results elsewhere. Her honesty and compassion, combined with her expertise and vast knowledge of immigration law make her a formidable opponent in court – resulting in a long list of satisfied clients and positive referrals.

Outside of court, Ms. Greenberg often addresses Congress regarding relevant legislation. She also devotes her spare time to making presentations at local events, where she answers questions for New York’s immigrant community.Ms. Greenberg is a member of the New York City Bar Association, and the American Immigration Lawyers Association (AILA), where she is a member in good standing in its New York Chapter. Ms. Greenberg is also fluent in Russian.

Our online software makes it so easy to complete your immigration paperwork

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